|
Publishers Abstract:
Forty years after the European Court of Justice declared that Community law was to have primacy over national law, the question is still debated before the highest national courts, as Opinion 1/2004 of the Tribunal Constitutional (Spanish Constitutional Court) demonstrates. This case note summarises (in some detail) the content of the Opinion, which is short, but dense in substance. Some comments are then made on a number of aspects which have defined the sometimes contentious relationship between the European Court of Justice and highest national courts, while at the same time placing the Opinion in the context of the previous case law of the Tribunal. Therefore, before turning to the content of the Opinion, a brief overview of the previous case law on the matter is necessary in order to assess properly the importance of the Tribunal's ruling.
|
