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Pierre Steinmetz: "Primacy of European law or the Constitutions of States, breaking the deadlock"

2021-11-18T19:09:27.097Z


TRIBUNE - The former member of the Constitutional Council explains in a concrete and clear manner the antagonism between two principles, the primacy of European law and the preeminence of the constitutions of the Member States.


The European Union is neither a state nor a federation of states: it is a legal construction.

It is

“made up of States which have freely chosen to exercise jointly certain of their powers under the terms of the Treaty on European Union and the Treaty on the Functioning of the European Union (…)”

(art. 88-1 of the Constitution).

It is these treaties which, for the Union, establish the rule of law and which, together with the "derivative acts" (regulations, directives, decisions, but also the case law of the Court of Justice of the European Union and of the European Court of Justice). European Human Rights Council) define the rule of law.

To read also

Pierre Steinmetz: "Local authorities à la carte, is it desirable?"

As

"there is no European people",

according to the formula of the German Constitutional Court, the sovereign, for the implementation of Union law, is all the signatory states.

This sovereignty is exercised through the complex procedures defined by the treaties, which involve the European Council, Council of the European Union, Parliament, Commission, Court of Justice

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Source: lefigaro

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