Hacia la normalización constitucional del Derecho de la Unión Europea
(A propósito de la STC 145/2012, de 2 de julio)
Keywords:
Principle of supremacy of EU Law, proceedings for failure to fulfill an obligation, right to judicial effective protection, principle of legality, administrative sanctions, constitutional reviewAbstract
The Judgment of the Spanish Constitutional Court 145/2012, of 2 July 2012, annulled an administrative sanction and two judicial decisions which did not take into consideration a Judgment by which the Court of Justice declared that the Kingdom of Spain had failed to fulfill its obligations under the freedoms of movement. This paper analyses the ruling of the Constitutional Court in the light of its case-law on the interaction between EU Law and the Spanish constitutional order. Specifically, it discusses the relationship between the judicial implementation of EU Law and the contents of the right to judicial effective protection, on the one hand, and between the former and the principle of legality, on the other hand.