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The approach taken by the jurisprudence of the Polish courts, especially the Constitutional Tribunal, concerning the principle of the primacy of the EU law in relation to the Polish law and in particular to the Polish Constitution has changed substantially since Polish accession to the EU. The in-depth analysis evaluates three distinct periods in the jurisprudence of Polish Constitutional Tribunal. This study is commissioned by the European Parliament’s Policy Department for Citizens’ Rights and ...

This study was commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the LIBE Committee. It analyses the consequences of the judgment of the Polish Constitutional Tribunal for the legal relationship between Poland and the EU, compares it to the case law of other Member States’ highest courts and makes policy recommendations on how to deal with the judgment.

This study, commissioned by the Policy Department for Citizens’ Rights and Constitutional Affairs of the European Parliament, explains the principle of the primacy of European Union law and its practical consequences, as established by the Treaty system and developed by Court of Justice case-law since 1964. It explains how Member State courts accept, interpret and apply the principle, subject to any limits.

The study analyses the repercussions of the judgment of the German Federal Constitutional Court of 5 May 2020. It puts the decision into context, makes a normative assessment, analyses possible consequences and makes some policy recommendations.

Euroopa Liidu Kohtu pädevus

ELi teabelehed 01-04-2017

Käesolevas teabelehes kirjeldatakse Euroopa Liidu Kohtu pädevust. Euroopa Liidu Kohus koosneb kahest kohtust – Euroopa Kohus ja Üldkohus –, mis pakuvad erinevaid õiguskaitseahendeid, nagu on sätestatud Euroopa Liidu lepingu artiklis 19, Euroopa Liidu toimimise lepingu artiklites 251–281, Euratomi asutamislepingu artiklis 136 ning aluslepingutele lisatud protokollis nr 3 Euroopa Liidu Kohtu põhikirja kohta.

The Bundesverfassungsgericht (BVerfG) has now published its December 2015 ruling in favour of a claimant who had lodged a constitutional complaint against the decision to allow his surrender to Italy on the basis of a European arrest warrant issued by the Italian authorities. In its ruling, the German Constitutional Court appears to be departing from its previous 'Solange' case law on the examination of EU acts against fundamental rights enshrined in the Basic Law (Grundgesetz).

Spinelli's legacy: the federal path

Lühitutvustus 30-01-2014

The 1984 Draft Treaty establishing the European Union, known as the "Spinelli Report" although drafted by six co-rapporteurs, has since shaped the path of European integration like no other document. It was the first text of a "European Constitution" drafted by a European institution. Its underlying ideas are, 30 years after its adoption by Parliament on 14 February 1984, still topical, not only because a great part of the EU constitutional architecture can be traced back to it, but also due to its ...

This study examines the triangular relationship between fundamental rights, democracy and the rule of law in the EU and the challenges that arise in reflecting on ways to strengthen EU competences in these terrains. It analyses the current ‘state of play’ and provides a map of EU-level mechanisms assessing respect for rule of law, democracy and fundamental rights, and Article 2 TEU general principles, by EU Member States. Special attention is paid to crosscutting dilemmas affecting the operability ...

The problems of implementation and enforcement of EU law have been longstanding. This report analyses the trends regarding the transposition of EU law and the reasons for failure to transpose on time. It assesses different tools developed at EU level to promote compliance, looking across the board at the EU Pilot and infringement procedure alongside correlation tables, scoreboards, committees, transposition and implementation plans, package meetings or national and EU inspections. As a result, recommendations ...