
doi: 10.2139/ssrn.6281998
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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