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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

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