Pregledni rad
SUPREMACY OF THE EUROPEAN LAW OVER THE LEGAL SYSTEM OF THE MEMBER STATES: THE ANALYSIS OF THE JUDGEMENT IN THE KUCUKDEVECI CASE
Dunja Duić
; Pravni fakultet u Osijeku
Sažetak
This article is a short overview of the supremacy of the general principles of law in the case law of the European Court of Justice with special emphasis to the Kucukdeveci case that deals with the protection of the fundamental rights and constitutionalisation of general principles of law. Article will analyse the constitutional changes in France and priority questions on constitutionality. Further analysis will cover joined cases Aziz Melki and Selim Abdeli and the European Court of Justice answer in the question of consistency of the priority questions on constitutionality mechanism with EU law. Finally, author will try to answer the question: is EU law in practice and today’s reality supreme to the national law?
Ključne riječi
Europan law; Europan Court of Justice; case Kucukdeveci; joined cases Aziz Melki and Selim Abdeli; general principles of law; priority questions on constitutionality; Supremacy of the European law
Hrčak ID:
85432
URI
Datum izdavanja:
21.5.2012.
Posjeta: 2.440 *