Germany, Lisbon and Due Process | 29 comments (29 topical, editorial, 0 hidden)

Re: Deutschland über alles (4.00 / 2)

You know, this might be a fine point for constitutional scholars.

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.

Do you know since which EU treaty this is the case?

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 11:47:49 AM EST
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Re: Deutschland über alles (none / 1)

As far as I am aware, it was always thus. CF Thus Irish Constitutional amendment on membership...
Third Amendment of the Constitution of Ireland - Wikipedia, the free encyclopedia

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.

notes from no w here

by Frank Schnittger (mail Frankschnittger at hot male dotty communists) on Fri Jul 3rd, 2009 at 12:18:17 PM EST
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Germany, Lisbon and Due Process | 29 comments (29 topical, 0 editorial, 0 hidden)