> it can not against the treaties that set up the Union Yes, I think the precise terminology generally used for discussing such situations is "within/outside t

> it can not against the treaties that set up the Union Yes, I think the precise terminology generally used for discussing such situations is "within/outside the ambit of the competences assigned to it" or (more succinctly, but even less clearly) "intra or ultra vires".[0] It's therefore not so surprising that people informally adopt the more familiar term "(un)constitutional", even if that implies a national structure that doesn't match the EU's legal basis under international law. [0] https://www.researchgate.net/publication/290553083_The_ECJ_and_ultra_vires_action_A_conceptual_analysis https://www.researchgate.net/publication/290553083_The_ECJ_a...