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The Opinion number 1/2004 of the Spanish Constitutional Court analyzes whether there is any collision between the Treaty establishing a Constitution for Europe (the Constitutional Treaty) and the Spanish Constitution. This important decision of the Court, leading to vigorous legal debates, also includes some necessary relevant changes from its previous case law regarding European Union law.

The article focuses on the possible collision between the Spanish Constitution and the treaty for establishing a constitution for Europe. The author discusses the process of ratification of the European Constitution by the Spanish State. She points out that a more open attitude of the Spanish Constitutional Court to assess in its case law issues of European Union Law.