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◆ European Constitutional Law Review2026-07-31· Law

Defending Legal and Judicial Primacy against <i>Ultra Vires</i> and National Constitutional Identity Claims

Georgios Anagnostaras

原始摘要(英文原文)· Original abstract
In the long history of European integration, there have been several instances in which national constitutional and other supreme courts have questioned the absolute primacy of EU law and the monopoly claimed by the European Court of Justice (the Court) over the authoritative interpretation of that law and the determination of its validity.For many years, that challenge had remained largely theoretical, having at its front face the case law of the German Federal Constitutional Court, which proclaimed on various occasions its capacity to review as the ultimate arbiter both the observance of the principle of conferral and the compatibility of the acts of the EU institutions with the inalienable national constitutional identity. 1These pronouncements also inspired the case law of other national constitutional courts, which announced their intention to operate in European Constitutional Law Review, page 1 of 26, 2026
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