And they will come to the same conclusion that Belgium, Latvia, Poland, etc have — The sovereign constitution trumps EU law, though EU has primacy over general statutory positive law
But there is no EU law, not directly. There are EU directives that get implemented as national laws and there are treaties, but those are ratified by member states, which is what their legal legitimacy is derived from.
I understand that things get a bit messy when taking into account that de facto, that does mean EU decisions can overrule national ones, but the only reason it works that way is because of the loophole used there: -national- law say EU decisions have to be followed. And national law can’t violate a national constitution.
Having said that, that doesn’t mean that breaking treaties shouldn’t have consequences and the -specific- argument used here, that immigration undermines soveignty which makes it unconstitutional seems.. not especially convincing.
But do national constitutions overrule EU (derived) legislation? Yes, of course. In every country. They always did, it was designed that way
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And they will come to the same conclusion that Belgium, Latvia, Poland, etc have — The sovereign constitution trumps EU law, though EU has primacy over general statutory positive law
But there is no EU law, not directly. There are EU directives that get implemented as national laws and there are treaties, but those are ratified by member states, which is what their legal legitimacy is derived from.
I understand that things get a bit messy when taking into account that de facto, that does mean EU decisions can overrule national ones, but the only reason it works that way is because of the loophole used there: -national- law say EU decisions have to be followed. And national law can’t violate a national constitution.
Having said that, that doesn’t mean that breaking treaties shouldn’t have consequences and the -specific- argument used here, that immigration undermines soveignty which makes it unconstitutional seems.. not especially convincing.
But do national constitutions overrule EU (derived) legislation? Yes, of course. In every country. They always did, it was designed that way