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New Perspectives of EU Member States Constitutional Courts as Actors in the European Union Integration Process

Joaquin Sarrion Esteve

We live in the Europe Union (EU) in a context of relations between legal systems of different levels. Therefore we would like to study, from the multi-level constitutionalism theoretical approach, EU Member States Constitutional Courts position as actors in the EU integration process, especially after the entry into force of the Lisbon Treaty, that opened a new constitutional horizon in the EU integration process. European Court of Justice (ECJ) defined relations between EU law and national law thanks to the primacy principle of EU law. Nevertheless, EU law's formal authority not depends exclusively on ECJ position. It is conditioned largely by characteristics of each national legal system and national supreme or constitutional courts case law.In fact, in most of EU Member States, we can find certain constitutional reserves or constitutional limits to the primacy of EU law in the constitutional and supreme courts case law: fundamental rights and constitutional principles. Our purpose is to examine the origin and development of constitutional limits case law doctrine, in order to understand better the relationship between the highest courts of EU Member States and European Court of Justice in the European multilevel legal system. And finally, we would like to study the actual position and new perspectives of EU Member States Constitutional Courts as actors in EU integration process.



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