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CIAO DATE: 4/5/2007
'Solange, chapter 3': Constitutional Courts in Central Europe – Democracy – European Union
Wojciech Sadurski
December 2006
Abstract
One of the most important themes in the grand narrative of the emergence of EU law as the supreme law of EU-land, prevailing over national legal systems, is (what may be called generically) a Solange story: a story about national constitutional courts resisting a straightforward surrender of national legal sovereignties, and insisting on their own role as guardians of any further transfer of powers from the national to the European level. This resistance is based on their distrust both of the democratic legitimacy at the supra-national level, and of the EU’s ability to provide a degree of protection of the principles of the rule of law and human rights, at least equivalent to that of the most elevated standards of the relevant national communities.
