The revival of the preemption. A rupture in our centralized model of judicial review?

Authors

  • Tomás de la Quadra-Salcedo Janini Tribunal Constitucional

DOI:

https://doi.org/10.18042/cepc/redc.111.10

Keywords:

Preemption, judicial review models, shared competences.

Abstract

The obligation that a new jurisprudence of the Constitutional Court imposes on the ordinary judicial organs to not apply the autonomic law that contradicts the basic state regulation in application of the principle of prevalence recognized in art. 149.3 EC is an exception to the centralized model of judicial review and generates two consequences: greater legal uncertainty in relation to the constitutional system of distribution of powers and the impossibility for the autonomous parliaments to defend the conformity of the regional law with that system.

Issue

Section

JURISPRUDENCE. CRITICAL STUDIES