{"status":"ok","message-type":"work","message-version":"1.0.0","message":{"indexed":{"date-parts":[[2026,2,19]],"date-time":"2026-02-19T00:09:24Z","timestamp":1771459764034,"version":"3.50.1"},"reference-count":0,"publisher":"Instituto Iberoamericano de Estudos Juridicos","issue":"1","content-domain":{"domain":[],"crossmark-restriction":false},"short-container-title":["RID"],"abstract":"<jats:p>This article seeks to analyze the historic decision handed down by the Portuguese Constitutional Court, on July 15, 2020, on the relationship between the Portuguese Constitution and European Union (EU) Law, as well as its impact. The origin of the case dates to a dispute between a wine exporter and a public institution as well as a bank regarding the granting of subsidies and the provision of a bank guarantee by exporters who wished to obtain the advance payment of an EU subsidy. The exporting company objected to the execution of that guarantee and took the case to court. Within the scope of the judicial procedure, the national Court judicial requested a preliminary ruling from the Court of Justice of the European Union (CJEU). The Court in Luxembourg did not accept the exporting company's claims. Subsequently, the Company filed an appeal at the Constitutional Court alleging EU law non-compliance with article 13 of the fundamental law. In summary, the exporting company considered itself to be discriminated in comparison with other exporters who had not provided any guarantee. The Constitutional Court considered that the matter should be decided considering section 4 of Article 8 of the Portuguese Constitution, which calls for the application of the principles of direct effect and the primacy of EU law as well as the competence exclusive jurisdiction of the CJEU to assess the validity of the EU rules, and linked that exclusive competence to the specificity, autonomy, and unity of the EU legal order. In Judgment No. 422\/20, the Court recognized its lack of competence to assess the validity of an EU legal rule considering those principles and recognized its \u201cinhibition of full access to EU law\u201d. In addition, the dispute did not represent a situation in which the \u201cconstitutional identity of the Republic\u201d was at stake, the only limit to the above-mentioned inhibition. In other words, the exporting company did not demonstrate a breach of constitutional commitments that can only be guaranteed by the Constitutional Court. In this sense, the Court pointed to the definition of Portuguese territory found in Article 5 or of the principle of the unitary State enshrined in Article 6 of the fundamental law as examples of the constitutional identity of the Republic. Consequently, in the absence of a violation of those limits, the Constitutional Court understood that it should issue a decision to abstain from judging the matter.<\/jats:p>","DOI":"10.62140\/mbel782025","type":"journal-article","created":{"date-parts":[[2026,1,7]],"date-time":"2026-01-07T14:23:48Z","timestamp":1767795828000},"page":"78","source":"Crossref","is-referenced-by-count":0,"title":["THE PORTUGUESE CONSTITUTION AND THE PRIMACY OF EUROPEAN UNION LAW IN JUDGMENT N\u00ba 422\/20 OF THE CONSTITUTIONAL COURT"],"prefix":"10.62140","volume":"6","author":[{"ORCID":"https:\/\/orcid.org\/0000-0001-8512-1650","authenticated-orcid":false,"given":"M\u00e1rio","family":"Sim\u00f5es Barata","sequence":"first","affiliation":[]},{"ORCID":"https:\/\/orcid.org\/0000-0001-9795-1707","authenticated-orcid":false,"given":"Eug\u00e9nio","family":"Pereira Lucas","sequence":"additional","affiliation":[]}],"member":"31982","published-online":{"date-parts":[[2025,1,1]]},"container-title":["Revista Ib\u00e9rica do Direito"],"original-title":[],"deposited":{"date-parts":[[2026,2,18]],"date-time":"2026-02-18T23:24:10Z","timestamp":1771457050000},"score":1,"resource":{"primary":{"URL":"https:\/\/revistaibericadodireito.pt\/index.php\/capa\/article\/view\/190"}},"subtitle":[],"short-title":[],"issued":{"date-parts":[[2025,1,1]]},"references-count":0,"journal-issue":{"issue":"1","published-online":{"date-parts":[[2025,1,1]]}},"URL":"https:\/\/doi.org\/10.62140\/mbel782025","relation":{},"ISSN":["2184-7487"],"issn-type":[{"value":"2184-7487","type":"electronic"}],"subject":[],"published":{"date-parts":[[2025,1,1]]}}}