Abstract

TREMOLADA ALVAREZ, Eric  and  MARTINEZ DALMAU, Rubén. CONSTITUTIONAL HIERARCHY AND PREFERENTIAL APPLICATION. THE POTENTIAL CONFLICT BETWEEN RIGHTS AND INTEGRATION IN THE INTEGRATION LAW. Vniversitas [online]. 2014, n.128, pp.383-409. ISSN 0041-9060.

The troubled relation between integration and Constitution comes early with the emergence of the European Communities as a result of the integration dynamic, based on a limit to the states sovereignty, and the constitutional dynamic, aimed to the organizational control and the determination of the rights. The opening constitutional clauses provided the framework for the cession of competences within integration processes without being understood that it was a blank check in favor of supranational institutions. The solution to the tension is resolved with the distinction between hierarchy and implementation, the reduction of the supranational sphere to the competences explicitly assigned within the constitutional framework, and the maintenance of the Constitution as supreme law. Thus the Community Law may have precedence over the Constitution in its application, but the legitimacy of the Community Law, ultimately resides in the Constitution itself. That corrects the potential conflict between constitutionally protected right sand integration.

Keywords : hierarchy; implementation; integration; precedence; rights; democratic Constitution.

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