Ultra ViresReview

Abstract

AbstractThis chapter analyses the case law of the Court of Justice and national constitutional courts concerning the question of competence monitoring. This issue represents the source of constitutional conflict and the underlying struggle in the relationship between the Court of Justice and national constitutional courts. Ultra vires review is primarily a structural question of the division of competences between the EU and the Member States. The case law under analysis is thus content-neutral, as the questions raised can result in both more or less integration. The analysis is structured in a chronological manner, and according to the theoretical framework outlined in Chapter 1. Accordingly, the analysis covers the introduction of direct effect and primacy, further expansions by the Court of Justice of the self-referential system of the Treaties in relation to EU external action, general principles of law, as well as rule of law and judicial independence. It also analyses national claims to ultra vires review, including their constructive or destructive nature.