Keywords
implementation
integration
precedence
rights
democratic Constitution
How to Cite
Abstract
The troubled relation between integration and Constitution comes
early with the emergence of the European Communities as a result of
the integration dynamic, based on a limit to the states sovereignty, and
the constitutional dynamic, aimed to the organizational control and
the determination of the rights. The opening constitutional clauses provided the framework for the cession of competences within integration processes without being understood that it was a blank check in favor of supranational institutions. The solution to the tension is resolved with the distinction between hierarchy and implementation, the reduction of the supranational sphere to the competences explicitly assigned within the constitutional framework, and the maintenance of the Constitution as supreme law. Thus the Community Law may have precedence over the Constitution in its application, but the legitimacy of the Community Law, ultimately resides in the Constitution itself. That corrects the potential conflict between constitutionally protected right sand integration.
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