«Barking dogs sometimes bite!»

Un ensayo sobre la incidencia de la UE en el marco constitucional de los Estados Miembros del Este

Abstract

This paper aims to analyse the impact of EU law on the national constitutional law of the Eastern European Countries.
In order to do so I shall focus on the issue of constitutional conflicts, i.e. conflicts between the primacy of EU law and the supremacy of national constitutions.
These Countries represent a very interesting «universe», sometimes excluded from the comparative studies present in this ambit: undoubtedly these legal experiences present some peculiarities but at the same time it is possible to find– even in this area– some of those cliché present in the dialectic between national Constitutional courts and the Court of Justice of the European Union that have been traditionally studied by scholars.
My argument is that many of the reasons of this recent season of conflicts can be found in the old case law of the Constitutional courts of these countries and this article tries to explore such continuity.