Правомощието на съдилищата да сезират КС и техните задължения по силата на принципа на примат на правото на ЕС
The Power of The Courts to Approach the Constitutional Court and Their Obligations by Virtue of the Primacy Principle

Author(s): Atanas Semov
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, EU-Legislation
Published by: Университет за национално и световно стопанство (УНСС)
Keywords: supranational organization; sovereignty; ipso jure; ex officio; primacy; nonapplication; constitutional complain
Summary/Abstract: The European Union is not an international organization but a supranational body and a union of law (“Union de froit”). EU Member State is sovereign yet integrated state. A Member State does not transfer sovereignty but is subject to the principles of direct applicability, primacy, direct and indirect effect of Union law. Bulgaria’s Constitutional Court has clearly confirmed that each court in each case, ipso jure, must verify ex officio whether the subject-matter of the case or the applicable domestic law rules have is connected to EU law and, should it so, the court must take full account of the conclusions drawn from its effect. This includes the obligation of any national judge, as a judge who applies EU law, to respect in particular the principle of primacy by not applying any domestic rule that is contrary to EU law, even if this is a criminal law rule. Such a judge may not approach the Constitutional Court pursuant to Article 150 (2) of the Constitution about any such law rule because this law rule ceases to qualify as “applicable law” with regard to the case at issue. Judges need to be categorically encouraged and reassured to exercise the rights and fulfil the obligations arising from EU law.

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