On Tuesday, the European Parliament plenary session adopted a report on the primacy of EU law, MEP László Trócsányi said in a statement. The proposal criticizes the decisions of national constitutional and supreme courts that have made decisions the EU does not agree with on the grounds of exceeding the powers of the EU institutions or defending their national constitutional identity, the MEP stressed.
As László Trócsányi wrote, the report “threatens infringement proceedings and proposes intervention against countries whose constitutional and ordinary courts would challenge the competence of the EU or the absolute primacy of EU law.” The report, drafted in the European Parliament’s Committee on Constitutional Affairs, deals at length with the principle of the primacy of EU law, which has been the subject of much debate between national and European courts in recent years. The document argues that even the most important provisions of national constitutions should not take precedence over EU law, and that national constitutional courts and ordinary courts should not challenge the competence of the Union, explained the politician.
The report calls on the European Commission to monitor the decisions of national courts and constitutional courts, and if necessary, to launch infringement proceedings against Member States that do not respect the primacy of EU law.
“The report represents an unacceptable interference in the activities of national and constitutional courts,” warned the politician. National constitutional courts and ordinary courts, he argues, have a responsibility for European integration to check that the powers given to them by their national constitutions are not exceeded by the EU institutions and that they respect their national constitutional identity.
The report adopted today contains one-sided phrasing that infringes on the freedom of decision-making of national constitutional courts and supreme courts, thus jeopardizing their independence,”
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