TEPSA Newsletter Editorial on “The European Union and the constitutional identity of its member states”, June 2011

by Jean Paul Jacqué

Debates on the relationship between EU law and national constitutional law have been around since the beginning of community integration. Throughout history, member states wanted to preserve principles that they considered as the foundation of their national identity. For this particular reason, even with the primacy of EU law over national legislation recognized by all national courts, this primacy over national constitutions has always been left open. Certainly, it is often said that “the wisdom of judges” both European and national, have prevented the conflict from degenerating and eventually undermining the whole community construction.

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