The first Portuguese Constitutional Court ruling on supremacy of EU law: the wait is finally over

Patrícia Fragoso Martins

doi:10.1007/978-3-031-95717-8_14

The first Portuguese Constitutional Court ruling on supremacy of EU law: the wait is finally over

Patrícia Fragoso Martins^*

^*Corresponding author for this work

Research output: Chapter in Book/Report/Conference proceeding › Chapter › peer-review

Abstract

In July 2020, the Portuguese Constitutional Court delivered its first ruling on the scope of the principle of supremacy of EU law in the Portuguese legal order. A much awaited decision, the ruling aimed at establishing a general criterion on the interpretation of Article 8(4) of the national Constitution destined to be applied in future cases. The purpose of the present chapter is to analyse the main arguments put forward by the Court and reflect on the shortcomings of the decision. Indeed, despite being a very extensive ruling, there are particularly significant absences and conceptual flaws therein that should not be ignored in order to better understand the relationship between EU law and national law.

Original language	English
Title of host publication	Revisiting the liberal constitutional features of the European Union
Editors	Inês Quadros, Miguel Gorjão-Henriques
Place of Publication	Cham
Publisher	Springer Science + Business Media
Pages	355-384
Number of pages	30
ISBN (Electronic)	9783031957178
ISBN (Print)	9783031957161
DOIs	https://doi.org/10.1007/978-3-031-95717-8_14
Publication status	Published - 1 Jan 2025

Keywords

Constitutional conflicts
Constitutional court
Constitutional review
Direct effect
Indirect effect
Portuguese constitution
Preliminary references
Solange
Supremacy

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10.1007/978-3-031-95717-8_14

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The first Portuguese Constitutional Court ruling on supremacy of EU law: the wait is finally over. / Martins, Patrícia Fragoso.
Revisiting the liberal constitutional features of the European Union. ed. / Inês Quadros; Miguel Gorjão-Henriques. Cham: Springer Science + Business Media, 2025. p. 355-384.

Research output: Chapter in Book/Report/Conference proceeding › Chapter › peer-review

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The first Portuguese Constitutional Court ruling on supremacy of EU law: the wait is finally over

Abstract

Keywords

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Revisiting the liberal constitutional features of the European Union

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