Original scientific paper
The National Constitution and Supremacy of EU Law in the Age of Legal Pluralism
Tamara Ćapeta
; Faculty of law, University of Zagreb, Zagreb, Croatia
Abstract
The supremacy of EU law has had a profound influence on the constitutional orders of EU Member States. Membership of the Republic of Croatia in the EU will have an impact on its constitutional order. The aim of this article is to analyse possible adaptation of the constitutional order the Republic of Croatia to the requirements proceeding from the supremacy of EU law. The author explains the meaning of supremacy of EU law and resulting problems in some of the existing Member States, as well as the ways in which the problems have been solved. Possibilities of adaptation of the constitutional order of the Republic of Croatia are examined assuming that the present Constitution remains unchanged. The author discusses constitutional norms that could stand in the way of acceptance of the requirement of supremacy of EU law and (re)interpretations of these constitutional norms which can enable the adoption of supremacy without changing the Constitution. Finally, the author discusses the possibility and advantages of explicit changes of the Constitution in order to accept supremacy.
Keywords
supremacy; procedural supremacy; constitutional obstacles to supremacy; adjustments of Croatian constitutional system; powers of the courts
Hrčak ID:
32727
URI
Publication date:
26.2.2009.
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