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The Honeywell formula does create a good formula to help battle competing opinions/interests betweenĬonstitutional/national court and the CJEU, it seems evident that the response in the formula “the tensions,

Its competence will be inadmissible (before the German courts) unless the ECJ has been given theĭoes the Honeywell formula provide an effective way to reconcile the competing positions of the CJEU and  The German court goes on to make it clear that actions based on the argument that the EU has exceeded The tensions, which are basically unavoidable according to this construction, are to be harmonised cooperatively in accordance with the European integration idea and relaxed through mutual consideration.’ the constitutional and the Union law perspective do not completely harmonise, is due to the circumstance that the Member States of the EU also remain the masters of the Treaties subsequent to the entry into force of the Treaty of Lisbon, and the threshold to a federal state was not crossed. That in the borderline cases of possible transgression of competences on the part of the Union bodies. If, however, on the other hand the Member States were to completely forgo ultra vires review, disposal of the treaty basis would be transferred to the Union bodies alone.

 ‘If each Member State claimed to be able to decide through their own courts on the validity of legal acts of the Union, the primacy of application could be circumvented in practice, and the uniform application of Union law would be placed at risk. The Honeywell formula of the German Federal Constitutional Court (FCC)