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7 - EU Law and Member State Law

from Part III - A Practical Application of Consent-Based Monism

Published online by Cambridge University Press:  29 February 2024

Lando Kirchmair
Affiliation:
Bundeswehr University Munich
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Summary

This chapter puts the developed theory to the test. First, after outlining the most important case law of the CJEU on the relationship between EU and Member State law, which has introduced primacy of EU law (also over Member State constitutional law) and the doctrine of direct effect, this chapter also displays the most important judgments by Member State constitutional courts generally holding that there are limits to the primacy of EU law. After analyzing the most important theoretical conceptions and doctrines in literature addressing the difference between the CJEU and the Constitutional Courts of some Member States, this chapter shows how consent-based monism can provide for relief. According to consent-based monism, the EU is the larger circle with regard to its Member States. All EU Member States in turn are independent smaller circles which are also part of the EU circle. The EU competence regime is decisive in this regard. It is vital to pinpoint exactly which competences have been shifted to the European level. According to consent-based monism, an “integration resistant core” must not violate any consensus that has been obtained at the level of the larger EU circle. The larger circle must not autonomously add competences without authorization by all of the smaller circles.

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Publisher: Cambridge University Press
Print publication year: 2024

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  • EU Law and Member State Law
  • Lando Kirchmair, Bundeswehr University Munich
  • Book: Rethinking the Relationship between International, EU and National Law
  • Online publication: 29 February 2024
  • Chapter DOI: https://doi.org/10.1017/9781009380171.013
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  • EU Law and Member State Law
  • Lando Kirchmair, Bundeswehr University Munich
  • Book: Rethinking the Relationship between International, EU and National Law
  • Online publication: 29 February 2024
  • Chapter DOI: https://doi.org/10.1017/9781009380171.013
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • EU Law and Member State Law
  • Lando Kirchmair, Bundeswehr University Munich
  • Book: Rethinking the Relationship between International, EU and National Law
  • Online publication: 29 February 2024
  • Chapter DOI: https://doi.org/10.1017/9781009380171.013
Available formats
×