SELECTED EU JUDGMENTS BY CEE CONSTITUTIONAL COURTS: LESSONS ON HOW NOT TO AMEND CONSTITUTIONSReportar como inadecuado




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Croatian yearbook of European law & policy, Vol.3. No.3. November 2007. -

Summary: The constitutions of the old and new Member States offer a wide range of

models in terms of their adjustment for EU membership, with a number of them

containing minimal or even no references to the EU. This paper highlights the

importance of adequate amendments in light of selected recent judgments by the highest

courts in Poland, Estonia and Latvia, where judges have found themselves in the rather

vexed situation of having to find pragmatic solutions to ensure the constitutionality of

legislation without jeopardising the supremacy of EC law. In this process, certain

constitutional provisions that conflict with EC-EU law appear to have been put on hold,

prompting the question of whether a move towards greater ‘constitutional

amorphousness’ has tacitly been accepted by virtue of EU accession.



Autor: Anneli Albi -

Fuente: http://hrcak.srce.hr/



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