PP705
Analítico de Periódico
CHITI, Mario P.
Il declino del primato del diritto dell’Unione Europea nella recente giurisprudenza tedesca e francese / Mario P. Chiti
Rivista Italiana di Diritto Pubblico Comunitario, a.31 n.3-4 (2021), p.429-441
DIREITO COMUNITÁRIO, PRIMADO DO DIREITO COMUNITÁRIO, JURISPRUDÊNCIA / Alemanha / França
The essay considers some leading cases of the German and French jurisprudence, respectively of the Constitutional Court and of the Conseil d’Etat, which deal with the principle of primacy of the EU law on the national laws of the Member States. This principle — declared for the first time by the European Court of justice in the Costa/Enel case (C-6/64) — is the pillar of the EU legal order, as constantly reaffirmed by ECJ, even not yet consolidated in the Treaties. Recently, the German Constitutional Court has developed a critical view of the European principle, in open contrast with ECJ even on the same case-law already judged by the Court of Luxemburg (powers of the European Central Bank and the scope of the judicial review). While the judgment of the German Constitutional Court was not totally unexpected, due to some previous cases of similar nature, the decision of the French Conseil d’Etat appears as a new and severe blow to the principle of the EU law’s supremacy. It stresses in ultimate terms that the French Constitution remains at the top of the national sources of law and that the EU law must be
interpreted and applied in conformity with the Constitution. The two cases considered in the article are thought by the Author as a demonstration of the general decline of the principle of supremacy, not just an extravagant case law.