Kognicja trybunałów konstytucyjnych Hiszpanii i Portugalii w zakresie prawa Unii Europejskiej.
Cognition of the constitutional courts of Spain and Portugal in the scope of the European Union law.

Summary/Abstract: The opinion concerns the cognition of the constitutional courts of Spain and Portugal with regard to the EU legislative acts. The author divided her opinion in two parts concerning Spain and Portugal. In the first part, the author presents the conceptions of the relations between EU law and Spanish state law in the situation of the lack of specific constitutional regulations, especially the difference between the terms “supremacy” and “primacy”. In concludes, the author says that the Constitutional Tribunal of Spain (Tribunal Constitucional de Espana) acknowledges its competence to control the compliance of the EU legislative acts with the Spanish constitution in ordinary procedure (the same as to the state law). As regards to the Portugal, the author divides two periods: before 2004 and after that year. The author describes the development of the regulations of relations between EU and state law. The author pays attention on the amendment of Portugal constitution in 2004 that was a culmination point in regulations in that scope. It caused that the Portugal constitution acknowledged the supremacy of the EU law but only in the borders of democratic state ruled by law. In current legal status it seems that the EU legislative acts may be controlled by the Portugal constitutional court in the scope of their compliance with the rule of democratic state of law.

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