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In Spain, also, when EU law is transposed into Spanish legislation constitutional amendments are sometimes necessary and are carried out in order to avoid having the Constitutional Court strike down the transposed law.

There is no problem with having states' constitutional courts rule on the constitutionality of EU law as transposed into national law. After all, sovereignty rests with the member states (given that the EU cannot reform its own constituent treaties, but new treaties among the member states have to be approved).

A man of words and not of deeds is like a garden full of weeds; a man of deeds and not of words is like a garden full of turds — Anonymous

by Carrie (migeru at eurotrib dot com) on Fri Jul 3rd, 2009 at 09:30:32 AM EST
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