La supremacía constitucional en el diálogo jurisdiccional TC TJUE

Resum

This article provides a new way of understanding the first open judicial dialogue between the Spanish Constitutional Court and the European Court of Justice, from two constitutionality parameters used for the protection of fundamental rights (european constitutionality and of spanish constitutionality). This approach has been assumed by the constitutional jurisprudence according to a doctrine that preserve formally the defense the traditional doctrine Solange (principle of constitutional supremacy) but at the same time is compatible with EU law. After the Case C399/11 Melloni (ECJ, Grand Chamber, 26 February 2013), the SSTC 26/2014 and 32/2015 have invoked in material sense the european standard of protection of fundamental rights as a implicit method for not hamper the european jurisdictional integration at a future time.