To resolve conflicts of competence between the constitutional courts of the EU member states and the Court of Justice of the EU

Abstract

The article is a contribution to the academic discourse in the EU regarding how to resolve potential conflicts of competence between the constitutions of the EU member states and the Court of Justice of the EU. This discourse received an extraordinary impetus following the decision in the Weiss case, in which the German Federal Constitutional Court for the first time in its decision-making practice applied the doctrine of ultra vires in relation to EU decision-making.

Keywords

• Doctrine of ultra vires
• competent arbitrator
• EU
• competence competence
• competence conflict
• Court of Justice of the EU