Legal risks in the relation between national constitutional law and EU Law

Abstract

Already at the beginning of the existence of the EU Communities, the ECJ introduced direct effect and primacy of EU law as two fundamental principles of the EU legal order. These principles were based on a need for uniform and effective application of EU law. This development had a great impact on the organization of national constitutional orders, among other things, on the role of ordinary courts in the judicial architecture and the position of national constitutional courts. This chapter investigates potential legal risks for the national and EU legal orders and concludes that although not materialized, legal risks have shaped the relation between EU law and national law.