Publication details
Ústava a právo Evropské unie. Co je víc?
| Title in English | The Constitution and the law of the European Union. What is more? |
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| Year of publication | 2025 |
| Type | Book |
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| Citation | |
| Description | The book deals with the relationship between the Constitution and the law of the European Union. In the event of a conflict between them, it presents arguments for the primacy of the Constitution, provided that the Member States are sovereign states. The Constitution is the highest and fundamental source of law of the state. In the event of a conflict between the values contained in the Constitution of a Member State of the European Union and the law of the European Union, the conflict must be resolved according to the general relationship between the constitutional law of the Member State and the law of the European Union. The Constitution establishes the primacy of ratified international treaties over laws. However, this primacy does not apply to constitutional laws. The opposite theory of the primacy of EU law over the entire legal order of a Member State, including its constitution, is based on the case law of the Court of Justice of the European Union, but has no basis in international treaties on the European Union. The question of the primacy of a specific legal order is linked to the question of sovereignty. If a Member State does not lose its sovereignty by joining the European Union, it is true that the law of another entity, including the European Union, cannot be superior to its highest legal norms – the Constitution. |