Birlik Hukuku ve Anayasa Arasındaki İlişki

Year 2004, , 99 - 120, 01.05.2004

A. Füsun Arsava

https://doi.org/10.1501/Avraras_0000000084

Abstract

This article intends to analyze the relationship and interaction of EC/EU law with
the national constitutions of the old and new member states in the light of the legal and
constitutional issues and questions such as whether the constitutions of member states
allow the delegation or transfer of legislative powers to international organizations
with or without limits, what is the legal situation in case of a conflict of the constitutions
with the Treaty (primary law) or community secondary law, and a conflict of a prior or
later national law with the Treaty on EU?, do the consitutional courts in member states
accept the primacy of EU law obligations and do the courts accept a different attitude
for primary or secondary community law and on which principles they base their
reasoning? It also focuses on the question of the primacy of EU law and effects of it on
the constitutional framework in relation to the national parliaments, federated units,
regions and decentralised bodies. Finally, it gives special attention to the relationship
of EU law with the fundamental rights and freedoms and its impact on the national
constitutions and legal order of member states. 

Keywords

Ulusal Anayasalar, Topluluk Hukukunun Önceli ği, Egemenlik Devri, Federe Birimler, Temel Haklar