Practice question · True or false
The Spanish Constitutional Court's 2004 declaration treated the primacy of EU law as identical to supremacy over the Constitution.
Hints
- The Court drew a distinction between two words that are often used interchangeably.
- One is about which norm applies in a case; the other about the summit of the order.
Show the answer
False
Why
False. Declaration 1/2004 accepted primacy and expressly distinguished it from supremacy: primacy decides which norm applies in a given case within the ceded competences, while supremacy concerns the hierarchical summit of the order, which the Court reserved to the Constitution. Whether the distinction survives a genuine head-on conflict has never been tested.
Practise The European Union Legal Order
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