Squaring the PSPP Circle

oleh: Oliver Garner

Format: Article
Diterbitkan: Max Steinbeis Verfassungsblog GmbH

Deskripsi

<p>The PSPP judgment made a core problem of the European Union painfully visible as the supremacy of EU law clashed with national constitutional identity. There is, however, a possibility to square this circle: national apex courts could be empowered to issue ‘declarations of incompatibility’ under Article 4(2) TEU as an alternative to the disapplication of EU law.</p>