Unit:
Κατεύθυνση Διεθνείς και Ευρωπαϊκές ΣπουδέςLibrary of the Faculties of Political Science and Public Administration, Communication and Mass Media Studies, Turkish and Modern Asian Studies, Sociology
Supervisors info:
Αντώνης Μεταξάς, Αναπληρωτής καθηγητής, Τμήμα Πολιτικής Επιστήμης και Δημόσιας Διοίκησης, Σχολή Οικονομικών και Πολιτικών Επιστημών, ΕΚΠΑ
Original Title:
Εθνικό και Ενωσιακό Δίκαιο: Η αρχή της Υπεροχής. Μια νομολογιακή και πολιτκή θεώρηση εξ’ αφορμής της απόφασης Weiss του Γερμανικού Συνταγματικού Δικαστηρίου.
Translated title:
National Law and European Union Law: The principle of Primacy. A jurisprudential and political approach following the Weiss judgment of the German Constitutional Court.
Summary:
The Weiss Decision of the German Federal Constitutional Court comes to "upset" the balance of the Union Legal Order, questioning the Primacy of EU law over the national law of the Member States and therefore the. In the midst of a pandemic, the Weiss Decision appears to disrupt the structure of the most recent Commonwealth Formation, that of the EU, which emerged historically in the previous century.
Our research does not aim to explain the Decision of the German Federal Constitutional Court as an isolated judicial pronouncement from a broader social and contemporary Commonwealth occurrence. The perspective of the research that is being carried out within the framework of this work is primarily political, and in this context, the Weiss Decision is of particular interest under the prism of political analysis and the processes it initiates in the Union legal order as well as in the European project in general.
The results of such a Decision no longer concern strictly the written law and the control it exercises over its subjects, but also the preservation of the status quo of the EU in general. Judicial decisions from the emergence of Constitutional Nation-States are products of interpretation of the law by the respective judicial body, therefore the issue of the interpretation of Laws is a continuous and dynamic political process.
The analysis of the philosophical terms of Law and their understanding will enlighten us about the specific weight of the Weiss Decision and will give us a perspective that clearly reflects the historical responsibility and political cost it bears, as well as the type of political and judicial reactions it may raise.
Finally, the Union Legal Order does not simply express the meaning of its regulatory texts in a deterministic way, but the laws and bodies that apply them promote an ideology. Therefore, laws have room for interpretation so that the political ideology of the moment can influence the judgment of the judiciary. What decisions might be made against the legal order and what political and historical costs do they bear? The purpose of the Union Legal Order is to realize the European project in a union of law. This very project and vision of European integration is at the core of this Political Formation we call the European Union. Somewhere therein lies the basis on which we will rely in order to criticize the Decision of the Federal Constitutional Court of Germany, which indirectly or directly turns against this vision, intentionally or unintentionally, as in the case of the Weiss decision.
Main subject category:
Social, Political and Economic sciences
Keywords:
The principle of Primacy, European Union Law, National Law, Weiss Judgment, E.U.
