Our research papers

One of the preferential tasks of the IILS is to discover brilliant students and help them promoting their work. In this section «Our research papers» we include the most oustanding papers of our collaborators, usually on the most crucial legal topics, concerning hot actual questions.

THE ACHILLES’ HEEL OF EUROPEAN INTEGRATION: THE POTENTIAL UNCONSTITUTIONALITY OF UNION LAW

Sandoval Díaz-Cano, Sara

The present paper deals with the relationship between the European Union legal order and national constitutions of the Member States. The main reason laying behind the choice of this topic have been recent cases in which the constitutional tribunals of Germany and Poland have declared provisions of Union law incompatible with their fundamental norms. Considering that such allegations unambiguously compromise the legal foundations underpinning the EU, if there are indeed grounds that allow conflicts between constitutions and European law where the former prevail, an integration process characteristically based on law such as the European one, would find in it a great weakness, a veritable Achilles’ heel.