Abstract
The Spanish Constitutional Court has traditionally excluded its own competence to declare the invalidity of an internal Act because of its incompatibility with European Union Law, based on a restrictive understanding of the Simmenthal case law of the Court of Justice of the European Union. Constitutional Courts in other Member States have nevertheless recognized the character of European Union Law as parameter of validity of national Acts with full respect to the role of ordinary courts as main guardians of that legal system. This paper aims to critically comment those foreign rulings and proposes the revision of our constitutional jurisprudence with the referred approach.
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