From the early days of the EU, national judges as well as the Court of Justice were confronted with the question of supremacy of EU law over national law. The question was further complicated by the potential conflict of EU law with principles of national constitutional law. If, in the early days of the Union, constitutional courts would refrain from submitting references for preliminary rulings to the Court of Justice, this is no longer true. However, even if the dialogue between the Court of Justice and the constitutional courts of the Member States is nowadays direct, the question of supremacy of EU law is far from settled, as is evidenced by the recent reference of the German Constitutional Court in Gauweiler.


  • Hart Publishing