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Primacy of EU Law in the Age of (Dis)Integration

Authors: Michal Bobek;

Primacy of EU Law in the Age of (Dis)Integration

Abstract

The principle of primacy of EU law has had a bumpy ride during the last decade. Even if previously never unreservedly accepted by the courts of most Member States, the modus vivendi between EU law and national constitutional orders before 2012 was one of pragmatic acceptance of EU law primacy in individual cases, conditional upon varieties of national reservations of "as long as". The last decade has seen the erosion of that understanding, with several national courts triggering either the ultra vires review of Union measures or asserting more robust reservations towards EU law with reference to their national constitutional identity. This article revisits not only the bifurcated narrative of EU normative ambition and national constitutional realities, but equally speculates on what might the rise of judicial unilateralism mean for the principle of primacy of EU law. 

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
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