Izvorni znanstveni članak
SELECTED EU JUDGMENTS BY CEE CONSTITUTIONAL COURTS: LESSONS ON HOW (NOT) TO AMEND CONSTITUTIONS?
Anneli Albi
Sažetak
The constitutions of the old and new Member States offer a wide range of
models in terms of their adjustment for EU membership, with a number of them
containing minimal or even no references to the EU. This paper highlights the
importance of adequate amendments in light of selected recent judgments by the highest
courts in Poland, Estonia and Latvia, where judges have found themselves in the rather
vexed situation of having to find pragmatic solutions to ensure the constitutionality of
legislation without jeopardising the supremacy of EC law. In this process, certain
constitutional provisions that conflict with EC/EU law appear to have been put on hold,
prompting the question of whether a move towards greater ‘constitutional
amorphousness’ has tacitly been accepted by virtue of EU accession.
Ključne riječi
Hrčak ID:
28554
URI
Datum izdavanja:
2.11.2007.
Posjeta: 1.254 *