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

@article{Avbelj2011SupremacyOP,
  title={Supremacy or Primacy of EU Law - (Why) Does it Matter?},
  author={Matej Avbelj},
  journal={Wiley-Blackwell: European Law Journal},
  year={2011}
}
  • 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… 

Revitalisation of EU Constitutionalism

This article argues that, despite the negative historical experience, nothing in the nature of constitutionalism as a concept stands in the way of the European Union (EU) eventually adopting a

To Justifie the Wayes of God to Men : Limits to the court's powers of interpretation

It has long been claimed in academic discussion that it should be possible for public interest organizations to initiate legal proceedings directly at an EU level. However, so it is argued, the only

Is the Primacy of EU Law Based on the Equality of the Member States? A Comment on the CJEU’s Press Release Following the PSPP Judgment

Abstract In response to the BVerfG’s PSPP judgment, the CJEU issued an unprecedented press release in which it claimed that national courts must give full effect to EU law because this is the only

National Sovereignity and the Principle of Primacy in EU Law and Their Importance for the Member States

The principle of primacy of the EU law has been in force for almost 50 years and belongs to the fundamental principles of EU law. It signifies that in case of a conflict between EU law and the law of

The PSPP Judgment of the Bundesverfassungsgericht and the Slovenian Constitutional System

■ ABSTRACT: The BVerfG’s judgment on the PSPP marks another important part of the EU constitutional mosaic. It was the first time that the court declared an EU act ultra vires. Intense academic

Deliberating the Constitutional Supremacy from Legal Perspective in Palestine

The system of government considers constitutional supremacy in which the freedom of the legislature of parliamentary supremacy relinquishes to the requirements of a constitution. This article

The principle of primacy versus the principle of national procedural autonomy

The case law of the Court of Justice on revoking a national final administrative decision or judgement which is not compliant with EU law can illustrate the existing tension between the principle of

The Constitutional Court of the Republic of Slovenia and European Union Law

The relationship between national constitutional law and European Union law is one of the central constitutional questions subject to intense discussion not only among legal theorists, but also among

Balancing competences: How institutional cosmopolitanism can manage jurisdictional conflicts

Abstract Conflicts of competences are ubiquitous in law. They represent a serious challenge, in particular, to global constitutionalism and institutional cosmopolitanism. This article argues from a

Theorizing Sovereignty and European Integration

This article examines the relationship between the concept of sovereignty and the process of European integration. It is argued that the nature of this relationship has been both mutually informative

References

SHOWING 1-10 OF 20 REFERENCES

Croatian Yearbook of European Law and Policy

This paper explores factors that either motivate or constrain national judges’ participation in the preliminary ruling procedure. By incorporating insights and evidence from American judicial

Opinion #1

  • 2002

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