Title Kaip ES valstybių narių konstituciniai teismai akceptuoja ES teisės viršenybės principą: analizė ir kritinis požiūris /
Translation of Title How the constitutional courts of the eu member states accept the principle of the supremacy of eu law: analysis and critical approach.
Authors Šmitaitė, Gintarė
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Pages 49
Abstract [eng] This master's thesis analyzes how the constitutional courts of the EU Member States accept the principle of the supremacy of EU law. As there are currently as many as 27 states in the European Union, I have chosen to examine in detail the constitutional courts of these states: Lithuania, Germany, Poland, Ireland and Spain. In order to analyze in as much detail as possible, the constitutional provisions of these EU Member States, which are related to international and EU law, are examined, as well as the constitutional jurisprudence is analyzed, based on the articles of scholars. The crucial question is what the tendencies are when the constitutional courts of the EU Member States accept the principle of the supremacy of EU law. The constitutional jurisprudence of each different EU country allows conclusions to be drawn as a principle of EU law, whether the supremacy of Member States' constitutions is maintained, whether constitutional courts reserve the right to assess whether EU law is ultra vires as a protection of fundamental rights or references for a preliminary ruling, if there is such a need. Conclusions were drawn in the master's thesis, which explain how the constitutional courts of the EU Member States accept the supremacy of EU law.
Dissertation Institution Vilniaus universitetas.
Type Master thesis
Language Lithuanian
Publication date 2021