Supremacy and direct effect of EC law - Position of the constitutional court

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  • Additional Information
    • Publication Information:
      IIPCCL, 2019.
    • Publication Date:
      2019
    • Collection:
      LCC:Social Sciences
      LCC:Business
    • Abstract:
      Although it was originally established with the aim of cooperation and economic integration of its Member States, The European Union (EU) got a universal nature, becoming a real supranational organization whose legal acts, adopted by its institutions are directly applicable by Member States and when a conflict arises between the internal law of a Member State and the European Community (EC) law, the latter prevails. By accepting the supranational jurisdiction, the EU Member States also accept to transfer parts of their sovereignty. However, not in all countries is easily accepted the renunciation of part of national sovereignty and the recognition of certain competencies to the supranational institutions. In this sense, the constitutional courts have oft en opposed to a complete transfer of national legal sovereignty and have insisted on their role as the “guardian” of the Constitution. Generally, these objections are based on the question whether EC law is capable to off er the same protection of rights with that offered to the national level. If the national constitutional order limits the transfer of powers or the effects of supremacy, the highest national courts should decide whether these restrictions have been violated. This raises the issue of the “ultimate authority” or “ultimate arbitrator” in the case of conflict between national and community law. In this sense main objective of this manuscript is the direct effect of EU law in Albania as a Candidate state for the EU.
    • File Description:
      electronic resource
    • ISSN:
      2410-3918
      2410-8693
    • Relation:
      http://iipccl.org/wp-content/uploads/2019/03/143-153.pdf; https://doaj.org/toc/2410-3918; https://doaj.org/toc/2410-8693
    • Rights:
      Journal Licence: CC BY
    • Accession Number:
      edsdoj.49f2d5fa72de4f8f8df87abc3eb8d35d
  • Citations
    • ABNT:
      NOELA RUÇO; KALIONA NUSHI. Supremacy and direct effect of EC law - Position of the constitutional court. Academic Journal of Business, Administration, Law and Social Sciences, [s. l.], n. 1, p. 143, 2019. Disponível em: . Acesso em: 19 jun. 2019.
    • AMA:
      Noela Ruço, Kaliona Nushi. Supremacy and direct effect of EC law - Position of the constitutional court. Academic Journal of Business, Administration, Law and Social Sciences. 2019;(1):143. http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edsdoj&AN=edsdoj.49f2d5fa72de4f8f8df87abc3eb8d35d&custid=s8280428. Accessed June 19, 2019.
    • APA:
      Noela Ruço, & Kaliona Nushi. (2019). Supremacy and direct effect of EC law - Position of the constitutional court. Academic Journal of Business, Administration, Law and Social Sciences, (1), 143. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edsdoj&AN=edsdoj.49f2d5fa72de4f8f8df87abc3eb8d35d&custid=s8280428
    • Chicago/Turabian: Author-Date:
      Noela Ruço, and Kaliona Nushi. 2019. “Supremacy and Direct Effect of EC Law - Position of the Constitutional Court.” Academic Journal of Business, Administration, Law and Social Sciences, no. 1: 143. http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edsdoj&AN=edsdoj.49f2d5fa72de4f8f8df87abc3eb8d35d&custid=s8280428.
    • Harvard:
      Noela Ruço and Kaliona Nushi (2019) ‘Supremacy and direct effect of EC law - Position of the constitutional court’, Academic Journal of Business, Administration, Law and Social Sciences, (1), p. 143. Available at: http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edsdoj&AN=edsdoj.49f2d5fa72de4f8f8df87abc3eb8d35d&custid=s8280428 (Accessed: 19 June 2019).
    • Harvard: Australian:
      Noela Ruço & Kaliona Nushi 2019, ‘Supremacy and direct effect of EC law - Position of the constitutional court’, Academic Journal of Business, Administration, Law and Social Sciences, no. 1, p. 143, viewed 19 June 2019, .
    • MLA:
      Noela Ruço, and Kaliona Nushi. “Supremacy and Direct Effect of EC Law - Position of the Constitutional Court.” Academic Journal of Business, Administration, Law and Social Sciences, no. 1, 2019, p. 143. EBSCOhost, search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edsdoj&AN=edsdoj.49f2d5fa72de4f8f8df87abc3eb8d35d&custid=s8280428.
    • Chicago/Turabian: Humanities:
      Noela Ruço, and Kaliona Nushi. “Supremacy and Direct Effect of EC Law - Position of the Constitutional Court.” Academic Journal of Business, Administration, Law and Social Sciences, no. 1 (2019): 143. http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edsdoj&AN=edsdoj.49f2d5fa72de4f8f8df87abc3eb8d35d&custid=s8280428.
    • Vancouver/ICMJE:
      Noela Ruço, Kaliona Nushi. Supremacy and direct effect of EC law - Position of the constitutional court. Academic Journal of Business, Administration, Law and Social Sciences [Internet]. 2019 [cited 2019 Jun 19];(1):143. Available from: http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edsdoj&AN=edsdoj.49f2d5fa72de4f8f8df87abc3eb8d35d&custid=s8280428