Show Summary Details

Page of

PRINTED FROM OXFORD HANDBOOKS ONLINE (www.oxfordhandbooks.com). © Oxford University Press, 2018. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a title in Oxford Handbooks Online for personal use (for details see Privacy Policy and Legal Notice).

date: 13 October 2019

Abstract and Keywords

The European Union principle of the primacy of EU law is as absolute and unconditional as when it was first developed by the Court in the 1960s and 1970s. Neither the planned codification and eventual non-codification, or alleged paradigm shifts in the understanding of the EU and the legal relationships between national and European law (‘constitutional pluralism’), the identity clause of Article 4(2) TEU or Article 53 of the Charter, have essentially altered the principle. At the same time, each of the Member States has developed its own national principle of the primacy of EU law, which usually includes limits and conditions. The dynamics resulting from the co-existence of these competing versions of primacy call for careful consideration of and responsiveness to the concerns of ‘the other’, and take away some of the sharpest edges of the principle of primacy.

Keywords: primacy, constitutional pluralism, national limitations to the primacy of EU law, national and constitutional identity, Article 4(2) TEU, Article 53 Charter

Access to the complete content on Oxford Handbooks Online requires a subscription or purchase. Public users are able to search the site and view the abstracts and keywords for each book and chapter without a subscription.

Please subscribe or login to access full text content.

If you have purchased a print title that contains an access token, please see the token for information about how to register your code.

For questions on access or troubleshooting, please check our FAQs, and if you can''t find the answer there, please contact us.