The decisions of the European Court of Justice establishing the primacy of Community law and the sovereign decisions of the constitutional courts of the member states in the light of the progress of the European integration process

The decisions of the European Court of Justice establishing the primacy of Community law and the sovereign decisions of the constitutional courts of the member states in the light of the progress of the European integration process

"Navigare necesse est,..."

Cnaeus Pompeius Magnus is a Roman general

Introduction

The primacy of Community law is based on the idea that if a conflict arises between an aspect of EU law and the law of an EU member state, then EU law will be the governing, followable, and unique legal system that provides guidance as opposed to the national law of the member state. forms the legal system of EU member states. The main reason - and necessity - of this principle can be seen in general with the argument that if member states could simply allow their own national legislation to take precedence over primary or secondary EU legislation, then the European Union as an economic-political legal and operational frameworks of the community.

[1] points out in an interpretive essay, European integration itself owes its existence to the constitutions of the member states, which means that the acceptance of Treaties and their amendments always take place at the will of the member states. Consequently, as far as the relationship between member state law and community law is concerned, this relationship does not offer a clear situation, and the majority of member states do not intend to subordinate their national constitution to community law, including Hungary. Respecting the national identity of the member states and, on the other hand, the common constitutional traditions is an essential element of the cooperation of the member states at the European level. [2]

To understand the question, it is important to know the main development trends in the history of European integration. The European Union and its legal predecessors increasingly shifted the operation of institutions towards supranationality instead of/in addition to the intergovernmental character, and the community became increasingly political in addition to economic. The recent practice of the Court of Justice of the European Union has a strongly supranational character, and does not even take notice of the fact that the national constitutions have disregarded the operational framework of the individual European institutions. At the same time, we also see today that European citizens can hardly exercise control over the internal working mechanisms of the increasingly politically based integration, or only barely - and in an indirect way.

At the same time, the primacy of Community law as a basic principle in the perception of the legal community and the practice of the constitutional courts of the member states indicates that in recent decades the idea of ​​constitutional self-identity and sovereignty increasingly presents itself as a challenge to the politicians and politicians who support a more federal - and political - European integration. against the approach of lawyers, and this professional - and not a small part, often of a public, topical political nature - debate is becoming more and more open, and at the same time of greater importance.

[1] László Trócsányi (01/07/2023): Member state sovereignty in the union (magyarnemzet.hu)

https://magyarnemzet.hu/velemeny/2023/01/tagallami-szuverenitas-az-unioban

[2] László Trócsányi (2017): Limits of the primacy of EU law and constitutional identity (ABSz, 2017/1., pp. 99-102.)

https://szakcikkadatbazis.hu/doc/3377842

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