Doctrina ultra vires: o dilemă între principiul supremației Constituției și principiul priorității dreptului european. Cauza Weiss
The ultra vires doctrine: a dilemma between the principle of the supremacy of the Constitution and the principle of priority of the European law. The Weiss Case

Summary/Abstract: Ultra vires review is first and foremost a structural question of the division of competences between the European Union and the Member States. The doctrine developed around this control takes into account both the case law of the Court of Justice of the European Union and the case law of the national Constitutional Courts in relation to the direct effect and priority of the European Union law, the subsequent extensions of the Court of Justice as positive legislator, general principles of law, as well as the rule of law and judicial independence, and the principle of loyal cooperation of the institutions. On the basis of these aspects we will be able to assess to what extent the exercise of this ultra vires review is constructive or destructive. In this study, we started from the assumption that the analysis of this ultra vires review represents a constructive way in the discourse of the European Union construction. The ultra vires argument, in an outdated reading of the integration process, based on a hierarchical view of normative interactions, could be considered as limiting and challenging the primacy of EU law, but in a constructivist reading of the relationship between legal systems, these limits are reinforced and allow a renewed form of integration, induced by constitutional equivalence.

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