There is no problem with having states' constitutional courts rule on the constitutionality of EU law as transposed into national law.
Certainly. But it is also at least conceivable that a constitutional court (not just in Germany) could find that it is not possible to implement an EU directive in national law in conformity with that country's constitution. The fact is that what we're experiencing right now is a top-down disaster. -Paul Krugman
- Jake If you only spend 20 minutes of the rest of your life on economics, go spend them here.
From what I have read of the treaty "debate" in Ireland, something "being bought up" and something being true often have only the most casual of connections.
The most a German Court could do is require a modification of the German Constitution in conformance with EU law.
Frank Schnittger:
Unless the EU Directive is not in conformance with EU law as interpreted by the ECJ, a member state must implement it as EU law takes precedence even over the constitution of member states.
The State may become a member of the European Coal and Steel Community (established by Treaty signed at Paris on the 18th day of April, 1951), the European Economic Community (established by Treaty signed at Rome on the 25th day of March, 1957) and the European Atomic Energy Community(Euratom) (established by Treaty signed at Rome on the 25th day of March, 1957). No provision of this Constitution invalidates laws enacted, acts done or measures adopted by the State necessitated by the obligations of membership of the Communities or prevents laws enacted, acts done or measures adopted by the Communities, or institutions thereof, from having the force of law in the State.
