- miniszterelnok.hu - https://www.miniszterelnok.hu/primacy-of-eu-law-can-only-apply-to-areas-where-european-union-has-competence/ -

Primacy of EU law can only apply to areas where European Union has competence

The government resolution establishes that the decision of the Polish constitutional court was prompted by the poor practice of the institutions of the European Union which has no regard for the principle of the delegation of powers, and attempts to withdraw powers from the Member States, without the amendment of the Treaties, which have never been conferred upon the European Union.

The primacy of EU law can only apply to areas where the European Union has competence, and the framework thereof is laid down in the Treaties of the European Union, the document establishes.

The Hungarian government’s resolution points out that EU institutions have the obligation to respect the national identities of Member States which form an inseparable part of our fundamental political and constitutional systems. In addition to the institutions of the EU, the national authorities responsible for the application and implementation of laws in Member States, in particular constitutional courts and courts, are entitled to investigate the extent and limits of EU powers, the resolution reads.

In the resolution signed by Prime Minister Viktor Orbán, the government calls upon the institutions of the EU to respect the sovereignty of Member States during their operation, the press chief reported.