Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 02/22/2022

Subject: According to the Court, EU Law precludes national rules or a national practice under which the ordinary courts of a Member State have no jurisdiction to examine the compatibility with EU law of national legislation which the constitutional court of that Member State has found to be consistent with a national constitutional provision that requires compliance with the principle of the primacy of EU law. Moreover, EU Law precludes national rules or a national practice under which a national judge may incur disciplinary liability on the ground that he or she has applied EU law, as interpreted by the Court, thereby departing from case-law of the constitutional court of the Member State concerned that is incompatible with the principle of the primacy of EU law

Parties: RS (Effet des arrêts d’une cour constitutionnelle)

Classification: General theme

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