The ECJ and the supplementary character of the State law as a guarantee to the regional enforcement of the EU law
Keywords:
Supplementing clause, state law, regional law, EU law, legal certaintyAbstract
Commentary on the Judgment of the Court (Fifth Chamber) of 24 October 2013, European Commission/Spain, Case C-151/12. This judgment has revealed the existence of limits of EU Law to the consideration of the supplementing clause of Article 149(3) of the Spanish Constitution as a general guarantee of regional compliance of the EU Law. The Constitutional Court had already limited the use by the State of national rules in a supplementing manner requiring, on the one hand, specific powers to allow a state norm to act as supplementing the regional law and, on the other hand, considering the supplementing clause as a rule directed to the legal practitioner in the interpretation and application of law. The Court of Justice of the European Union has further limited its scope requiring compliance with the conditions of clarity and precision derived from the general principle of legal certainty.Downloads
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