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The EU Law in Fragile Harmony with the Constitutional Law as Seen in the Light of the Slovak Constitution

Pages
16
2013 / No. 2
Digital Edition

THE EU LAW IN FRAGILE HARMONY WITH THE CONSTITUTIONAL LAW
AS SEEN IN THE LIGHT OF THE SLOVAK CONSTITUTION


JÁN DRGONEC
Professor of Constitutional Law, Faculty of Law Paneurópska vysoká škola at Bratislava;
Doctor of Legal Science (DrSc.); retired judge of the Constitutional Court of the Slovak Republic

The entire relationship between EU law and the national law of the EU Member States is built upon the supremacy doctrine formulated by the European Court of Justice. This doctrine in its very essence rejects the meaning of the constitutional law of the Member States. There is no good reason for the Member States to cast aside their Constitutions at any moment when the European Court of Justice desires so. It is up to the EU authorities to search for less painful and less harmful ways of adopting EU legislation with the purpose to refine the tension between EU law and the constitutional law of the Member States. This paper describes the relationship between EU law and the Constitution of the Slovak Republic and the ways of its subordination to EU law even in cases where such attitude is harming the enforcement of the Constitution.