A (Dis-)Order of Disagreements: Exploring the Nature of Constitutional Conflicts in EU Law

Giuseppe Martinico 

Centro de Estudios Politicos y Constitucionales, Madrid; Centre for Studies on Federalism (CSF); Scuola Superiore Sant'Anna di Pisa
December 30, 2013

STALS (Sant'Anna Legal Studies) Research Paper 3/2013 
Abstract:      

This paper deals with the important role played by constitutional conflicts (i.e. conflicts between EU law primacy and constitutional supremacy) in European law. This work is divided into three parts: in the first part I shall briefly present my view on Art. 4.2 TEU. This provision has been described as the codification of a new concept primacy and a basis for a more cooperative phase among courts. I think this clause represents the apex of a broader process but at the same time I do not perceive this process (of partial convergence) as a progressive route towards pacification in the relationship between constitutional poles (or levels, employing another terminology ). On the contrary, in my view constitutional conflicts are and will remain central in the evolution of EU law.

Starting from this premise, in the second part I shall offer a classification of constitutional conflicts. Finally, some conclusive thoughts will be presented on the destiny of these conflicts.

Number of Pages in PDF File: 34

Keywords: constitutional conflicts, convergence, national identity, constitutional courts, CJEU

Full text available at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2373193