Barański, Marcin Author aut van den Brink, Martijn Author aut Text xx# 2020 Verfassungsblog 2020-05-29 eng

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Earlier this week, 32 leading scholars of EU law and politics signed the statement that national courts cannot override CJEU judgments, in response to a demonstration by the BVerfG that it actually can. We share the signatories’ concern that Weiss might (and most probably will) be used as a pretext for refusing to comply with the CJEU’s rulings and the EU rule of law requirements in Member States such as Poland or Hungary. We are also critical of the conclusion to which the BVerfG arrived in its decision, though we accept some of its premises (i.e., that the national disapplication of EU acts may be justified in some rare and exceptional cases). However, even though we are not all constitutional pluralists, we take issue with some aspects of the reasoning behind the original statement and question the doctrinal and empirical arguments it invokes in favour of EU law’s unconditional supremacy. CC BY-NC-ND 4.0 Barański, Marcin BVerfG CJEU Constitutional Pluralism PSPP Ultra Vires 342 https://verfassungsblog.de/unquestioned-supremacy-still-begs-the-question/ 2366-7044 Max Steinbeis Verfassungsblog gGmbH 10.17176/20200530-013417-0 200529 10.17176/20200530-013417-0 Converted from MARCXML to MODS version 3.7 using MARC21slim2MODS3-7.xsl (Revision 1.140 20200717)