Opinia prawna dotycząca orzeczenia Federalnego Trybunału Konstytucyjnego RFN w przedmiocie pierwszeństwa prawa UE

Legal opinion concerning the judgment of the Federal Constitutional Court of Germany on the primacy of EU law

• Polish
• English

In the author’s view, the judgment of the FCC concerning activities of the European Central Bank regarding the primacy of EU law over national law is of significance, due into the authority of the German constitutional court. However, it does not translate directly to foreign conditions. The view expressed in the judgment is that the ultra vires doctrine forms limits to the principle of primacy of European Union law over member state law. As a result, the principle of primacy may only be binding within the scope of the European Union law. Moreover, criteria of assessment of EU’s legislative activity and ECJ’s jurisprudence are drafted from the perspective of the ultra vires doctrine.