Supremacía constitucional y control del derecho comunitario (Tema Central)
Integration processes overhaul the traditional paradigm of the State and they generate legal effects on its constitutional model, because they make constitutional supremacy relative and place the primary and secondary Community Law above the Constitution. Therefore, monitoring of integration foundin...
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| Format: | article |
| Sprache: | spa |
| Veröffentlicht: |
2014
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| Online Zugang: | http://hdl.handle.net/10644/5265 |
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Tag hinzufügen | Zusammenfassung: | Integration processes overhaul the traditional paradigm of the State and they generate legal effects on its constitutional model, because they make constitutional supremacy relative and place the primary and secondary Community Law above the Constitution. Therefore, monitoring of integration founding treaties is a required mechanism to ensure the derivation of the exercise of competences to the Community structure, by protecting rights and guarantees. In Ecuador, the Constitutional Court must execute an automatic and binding constitutional control of the integration processes and their founding treaties before their approval by the National Assembly. Nonetheless, the Ecuadorian Constitution does not establish the constitutional control of secondary Community Law, as well as it does not allow its inapplicability, as happens in Colombia. Finally, this paper shows the need to improve a democratic control of this process. |
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