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The Constitutionalisation of the treaties by the ECJ: The theories of direct effect and supremacy from the perspective of the French courts

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  1. The theories of direct effect and supremacy issued by the ECJ
    1. The theory of direct effect
    2. The doctrine of supremacy
  2. The French Courts and theories of direct effect and supremacy : a constructive discord
    1. The position of the Conseil Constitutionel
    2. The position of the Cour de Cassation
    3. The position of the Conseil d?Etat

The Community has developed with an inexorable dynamism of enhanced supranationalism. As a result, it has first been ruled by general principles of public international law to become an interstate governmental structure "per se " ruled by a "Constitutional Charter? . The Constitutionalisation is the process by which the Court of Luxembourg conferred a Constitutional power to the Treaties . In the national order, a Constitution is defined by the fundamental political principles on which a state is governed. This means that the Founding Treaties have become the supreme law of the European Union (EU), over national Constitutions.

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