Proiectul de lege privind piața internă a Regatului Unit. Despre supremația dreptului UE și teoria britanică a suveranității parlamentare
The United Kingdom Internal Market Bill. On the Supremacy of EU Law and the British Doctrine of Parliamentary Sovereignty

Summary/Abstract: This article aims to discern whether the dispute involving the United Kingdom Internal Market Bill stems from a fundamental contradiction between the inherent logic of the British constitutional system and its EU law counterpart. The supremacy of EU law against the constitutional order of Member States has always been the subject of conflicting views between the EU Court of Justice and national courts. Invoking a conflict between the British Constitution and certain provisions of the Protocol on Northern Ireland, the United Kingdom intends to adopt a law which deviates unilaterally from duties contracted under said international agreement. Still, even if the CJEU holds that provisions of said Protocol prevail over national legislation, British courts shall apply the United Kingdom Internal Market Act, in virtue of the doctrine of parliamentary sovereignty. Therefore, one would argue that this dispute echoes an existential contradiction between said doctrine and the CJEU case law.

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