Doctrina ultra vires: o dilemă între principiul supremaţiei constituţiei şi principiul priorităţii dreptului european. Cauza Weiss

dr. ANDREEA ANA-MARIA STĂNCIULESCU*

* e-mail: andreea.stanciulescu@drept.ase.ro

Asistent univ. - Facultatea de Drept, Academia de Studii Economice

ABSTRACT

Ultra vires review is first and foremost a structural question of the division of competences between the European Union and the Member States. The doctrine developed around this control takes into account both the case law of the Court of Justice of the European Union and the case law of the national Constitutional Courts in relation to the direct effect and priority of the European Union law, the subsequent extensions of the Court of Justice as positive legislator, general principles of law, as well as the rule of law and judicial independence, and the principle of loyal cooperation of the institutions. On the basis of these aspects we will be able to assess to what extent the exercise of this ultra vires...