Fundamental Laws under the tutelage of the European Union
Fundamental Laws under the tutelage of the European Union

Summary/Abstract: This article endeavours to briefly describe the enormous impact of the European Court of Justice (ECJ), which has managed to enhance the tutelage of the European Union over national legal orders. From the very beginning, the Treaties contained a mechanism for the interpretative assistance of our national courts: the preliminary ruling procedure. This proved to be the most important feature of the ECJ, a method by which it inserts itself into national debates and guarantees a degree of uniformity in the judicial application of the European law. This mandatory affinity between national constitutions and the European law has led us astray from the sacred character of a Fundamental Law. More and more perforated in order to integrate, can we still claim that we are in the presence of a Constitution?

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