this post was submitted on 31 Aug 2024
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I mean, ideally, you shouldn't be able to submit a bill that not only goes against all (I'd hope) national constitutions, but also violates fundamental rights as established by the European Court of Justice.
But oh well, let's hope that we can stop this before it becomes law, and if it does, that its implementation gets delayed enough for a hopefully sane judiciary to strike this down.
I strongly disagree. That would put EU in a deadlock. It is important that new regulation may be passed top-down to improve legislation in all states.
I tend to align my personal view largely with the German decision in Solange I/II; as long as the EU provides the same protection of fundamental rights as the national constitution (Grundgesetz in germany's case), it supercedes review under national constitutional courts.
My point here was that they're pushing a bill that clearly goes against fundamental rights recognized by national constitutions and EU law.
edit: I presume you have in mind the recent-ish controversy with Poland. I'll agree with you that that one is counterproductive.