Supremacy or Primacy of EU Law - (Why) Does it Matter?

  title={Supremacy or Primacy of EU Law - (Why) Does it Matter?},
  author={Matej Avbelj},
  journal={Wiley-Blackwell: European Law Journal},
  • Matej Avbelj
  • Published 1 November 2011
  • Law
  • Wiley-Blackwell: European Law Journal
Even 50 years on the principle of supremacy or primacy is still surrounded with ambiguity, which is apparent already on the level of semantics. The principle has not carried a single name, but three. This paper argues that a disparity in the denomination of the principle amounts to much more than semantics. It exhibits conceptual differences. Different conceptualisations of the principle of primacy or supremacy entail different models of structural principles of EU law: the hierarchical, the… 
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Sovereignty and the Supremacy Doctrine of the European Court of Justice
  • Principles of European Constitutional Law
  • 2003
Case 144/04, Mangold v Helm
  • 2005
Retour a Costa
    Case 441/93, Pafitis [1996] ECR I-1347, Case 77/97, Unilever GmbH v Smithkline Beecham [1999] ECR I-491
      Case 194/94, CIA Security [1996] ECR I-2201
        Community Constitutional Law, Art 5 EEC Treaty', (1990) 27 Common Market Law Review 645
          the German Constitutional Court developed an identical concept of a 'Hausgut, das unentziehbar verbleibt' when grappling with minimum constitutional conditions of a
          • In its judgment BverfGE
          • 1972