Las teorías aplicadas a la práctica en la realidad jurídica de la Unión Europea

Abstract

The primacy of the European Union Law represents, even today, one of the most fascinating and controversial mysteries of the Law. This is not due to its novel-nature, “pacta sunt servanda”, but due to the fact that it has become the main juridical axis for the European integrating process. The principle of primacy of the European Union Law has been widely spread within the European jurisdictional jargon, both in its structure and in its norms.

For this reason, this analysis will focus on the three theories (monism, dualism and pluralism) that try to explain this phenomenon based on the jurisprudence of the Court of Justice of the European Union. Consequently this analysis will also study the different theories that try to explain the juridical nature of the European Union. These theories, on the one hand, are very difficult to systematize, but on the other hand could be included in two groups, namely the internationalists (with its supranationalist version) and the federalists and/or constitutionalists.