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There is no coherent legal argument for universal CJEU supremacy. Most EU members implement EU law as simple bills or treaties. Most constitutions assert themse
by auganov 4y ago
There is no coherent legal argument for universal CJEU supremacy. Most EU members implement EU law as simple bills or treaties. Most constitutions assert themselves to be the supreme law and require a super majority to amend them. To assert that EU intuitions can override the constitution without a proper amendment is ridiculous.
Last time I had to come up with constitutional legal arguments it didn't even cross my mind to research EU jurisprudence. I cited some American case law which is as binding as EU case law - not at all. It's a matter of judicial discretion whether one considers a foreign legal argument persuasive. There is no constitutional reason (in most EU countries) to prefer EU stuff. And to disregard the domestic constitution in favor of the EU is indefensible.