Values and rights, rule of law, security
#TheFutureIsYours Looking after citizens’ freedoms
Le pays membres de l 'UE devraient s'assurer que leurs constitutions sont compatibles avec le droit européen, comme elles s'y sont engagées lors de leur adhésion.
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Article 5
(ex Article 5 TEC)
"1. The limits of Union competences are governed by the principle of conferral. The use of Union competences is governed by the principles of subsidiarity and proportionality.
2. Under the principle of conferral, the Union shall act ONLYwithin the limits of the competences conferred upon it by the Member States in the Treaties to attain the objectives set out therein. Competences not conferred upon the Union in the Treaties remain with the Member States."
EU law, its instiutions, including the ECJ is constarined by the principle of conferral. They have no say in matters outside the competences the sovereign nation states graciously conferred upon them in the Treaties, and they cannot gain any further competences in any way other than amending the text of the EU Treaties. Their attempts to interfere with the domestic matters of the member states is pure lawlessness.
La Cour de Justice de Luxembourg considère que toutes les normes (juridiques) nationales sont assujetties au principe de primauté, y compris les normes constitutionnelles.
Elle précise qu'en vertu du principe de coopération loyale, posé par Art. 4, para 3, du Traité TUE, le principe de primauté commande aux états membres d'abroger les normes nationales incompatibles avec le droit de l'Union.
It may "consider" so, but the high courts of several Member States have already reprimanded the ECJ for tresspassing outside its authority. Which only indicates that the lawless attempts on the part of federalist institutions, including the ECJ itself, to meddle in competences it has no business interfering with is causing unnecessary strain on EU cohesion. This reckless power grab by these institutions is a major cause of the crisis of the EU that promted this very conference.
The EU Treaties are clear: the EU has a say ONLY with regard the comptences THE TREATIES confer upon it. It must not go beyond these competences, and cannot expand the competences in any way other than amending the Treaties themselves.
You always intervene to uphold the rights of the nation state, but then why did your nation join the Union? The rulings of the Court of Justice that you can read on the Eurolex website clarify the competences of the Union that prevail over those of the individual Member States
The ECJ does not get to expand the competences of any of the EU institutions, because the EU Treaties clearly say the EU has a say ONLY with regard the comptences THE TREATIES confer upon it. The Treaties. Not the ECJ. The ECJ gets to rule on matters conferred upon the EU by the generosity of the Member States.
These are the EU Treaties we all signed, we all joined. The EU is not a country, it's not a federation. I understand that the federalists would like it to become one. But what they have to do to achieve their ambition is amend the Treaties.
Right now they are lawlessly going beyond the authority asigned to them by the member states, who remain the "masters of the treaties" according to the German Constitutional Court. This flagrant disregard for the rule of law is a major contributing factor to our troubles. They must cease this behavior.
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