چکیده:
The relationship between national and supra-national or international legal systems is one of the most important issues of public law researches. Indeed the real question is that when there is a struggle between national and international law, until what point national legal system should follow supra-national rules. In other words, we must answer the question that until what point governments are obliged to respect supra-national legal system, specially about those States who recognize the priority of international law, and if there are exceptions to this rule, overall about the safeguard of fundamental rights. In this paper we will try to find the answer, through the analysis of some sentences issued by the constitutional courts of European Union member States, with attention to the issue of “Dialogue Between Courts” of European Union and Institutions For Constitutional Justice of this supra-national organization and about the “Limits” and “Counter-Limits Doctrine”.
خلاصه ماشینی:
“The Doctrine of Limitations” and “Mutual Limitations” from the Perspective of “Dialogue of the Courts” of the European Union and the Constitutional Judiciary of Member States Alireza Jalali 1*, Mohammad Abouata 2 Abstract The relationship between national and supranational legal systems is considered one of the main topics of public law studies.
In ruling No. 26 of 2014, the Madrid Constitutional Court presented its final opinion and stipulated that despite the raised doubts and based on the aforementioned ruling 399, the superiority of the Union’s legal system is preserved, and beyond the clear and explicit conflict of Union Decision 584 with the Spanish Constitution and even the possibility of this supranational regulation not being applicable to other Union documents, due to the priority of the opinion of the Court of Justice over the opinion of the Constitutional Court, the Spanish judges did not declare the decision under consideration contrary to their country’s constitution ( :2014 ,Tribunal Constitucional 3 point); In fact, this “dialogue” ended with the perception of the superiority of the supranational legal system of the European Union and its dominance over the legal systems of member or affiliated countries (implementation of the “Doctrine of Limitations”).
Corte Cost 1); By examining the opinion of the Supreme Court judges on the one hand, namely the implementation of the “Doctrine of Reciprocal Limitations” based on guaranteeing more rights of defendants through domestic Italian regulations compared to supranational sources of the Union and the request of the Court of Justice, which on the other hand considers preserving the principle of the superiority of the legal system of the Union as an important and non-negotiable matter, the Italian Constitutional Court is trying to find a way to get out of the conflict that has arisen.
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