Anwendungsvorrang und nationale Verfassungsgerichte

European Union law takes precedence over national law regardless of its priority, and is something that the European Court of Justice decided back in 1964. But does this correspond to the constitutional reality of member states? Alina Berger analyses this by looking at German, French and Spanish rulings and taking into account whether the courts' attitudes support or obstruct integration. To this end, the author first of all determines the meaning and scope of European law primacy before addressing the question of how far the constitutional courts provide for it and how far they are constitutionally enabled (or hindered) to do so. Her concluding comparison identifies persisting deficiencies and possible solutions.