Being a Constitutional Court in a post-sovereign interconstitutional order

Open Access
Authors
Publication date 12-2020
Book title 35.o Aniversário Tribunal Constitucional : conferência Internacional
Book subtitle Lisboa – Centro Cultural de Belém : 24 e 25 de maio, 2018
Event 35.o Aniversário Tribunal Constitucional. Conference of the 35th Anniversary of the Constitutional Court
Pages (from-to) 95-107
Publisher Lisboa: Tribunal Constitucional
Organisations
  • Faculty of Law (FdR)
  • Faculty of Law (FdR) - Amsterdam Center for European Law and Governance (ACELG)
Abstract
describe some of the challenges facing a national constitutional court that
functions in a situation of a multiplicity of constitutional orders. It provides a typology of the conflict rules in terms of their priority and in terms of the effect of the solution, i.e. whether the prevailing norm as such applies across the EU or only locally. Next it reflects on the rationales of the various conflict rules, and how they inform the dynamics of constitutional relations between national constitutional orders and the EU order; or, put differently, between what national constitutional courts are guardians of, and what the European Court of Justice is guardian of.
Document type Conference contribution
Language English
Published at https://www.tribunalconstitucional.pt/tc/content/files/tc_ebook_35anos/94/
Downloads
Permalink to this page
Back