Keywords
European Tribunal of Justice
European Union
direct efficacy principle
primacy of the communitarian law
tension between constitutional tribunals
How to Cite
Abstract
In this article the reader Hill find a vision about what had been named by the doctrine as judicial activism, doing emphasis in the labor that The European Tribunal of Justice as one more of the configurative agents of the European Union, labor which permitted to catalog it as activist.
As an answer to the question initially formulated, the find- ings are that effectively the European Justice Tribunal had been an activist tribunal, which has subrogated its competences, had openly created legal norms with its self- qualification as a Constitutional Tribunal and initially such activism generated great and deep tensions with some of the member states but, with time, and the moderation of its acts, in part of the National Constitutional Tribunals as the European Tribunal of Justice, the relations between each other had improved arriving to the possibility of talking to- day of the articulations between such tribunals.
Then, the study of the principles of jurisprudential creation of the European Tribunal of Justice (direct efficacy of the communitarian law over the internal law of any hierarchy), the manifestations of the Tribunal of Justice as a Constitutional Tribunal, and the relations of tension and harmonization between the different Constitutional tribunals of the member states and the European Tribunal of Justice will constitute the object of study of this article.
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