Legal opinion concerning relations between national law (standard of review) and European Union law (the subject of review) in the constitutional(...) Cover Image

Opinia prawna dotycząca ukształtowania relacji pomiędzy prawem krajowym (wzorzec kontroli) a prawem Unii Europejskiej (przedmiot kontroli) (...)
Legal opinion concerning relations between national law (standard of review) and European Union law (the subject of review) in the constitutional(...)

Author(s): Szymon Pawłowski
Subject(s): Law, Constitution, Jurisprudence
Published by: Kancelaria Sejmu
Keywords: Poland; national law; European Union secondary law; judicial control,

Summary/Abstract: The article focuses on analyzing doctrine of law and the jurisprudence of the Austrian Constitutional Court concerning the relations between domestic law and European Union law under the constitutional order of the Republic of Austria. The author claims that European Union law, including secondary legislation, has primacy over national law. Recent amendments to the Austrian Constitution allow review of the constitutionality of decisions of the Council or the European Council which under European Union law shall come into force only after approval by the Member States according to their constitutional requirements.

  • Issue Year: 2011
  • Issue No: 3
  • Page Range: 88-102
  • Page Count: 15
  • Language: Polish