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The Primacy of EU Law: Interpretive, not Structural

open access: yesEuropean Papers
(Series Information) European Papers - A Journal on Law and Integration, 2023 8(3), 1255-1291 | Article | (Table of Contents) I. Introduction. – II. Defiance. – III. Primacy of what? – IV. Pluralism in action. – V. The incoherence of pluralism.
Pavlos Eleftheriadis
doaj   +2 more sources

CHARM-EU D6.1 - Key findings of the CHARM-EU Inclusiveness Survey

open access: yes, 2022
Project Title: CHARM-EU (Challenge-driven, Accessible, Research-Based and Mobile European University)The higher education landscape has been rapidly changing in recent decades.
CHARM-EU Consortium
core   +6 more sources

Heavy clouds, no rain. Unmasking the Polish Constitutional Tribunal challenging the primacy of the EU law and the Court of Justice in case K 3/212 [PDF]

open access: yesKrytyka Prawa
In 2021, the Polish Constitutional Tribunal (unconstitutionally composed) dropped a judicial bomb on the primacy of the EU law, a judicial dialogue with the Court of Justice, and a mechanism for providing the rule of law conditions by the Member States ...
Michał Ziółkowski
doaj   +1 more source

The Evolving Doctrine of Primacy [PDF]

open access: yes, 2022
Primacy of EU law is the fundamental principle of law on which full and uniform application of EU law, the rule of law among it, is based on. Primacy has no explicit statutory basis but is founded on the case law of the Court of Justice of the European ...
Hietanen, Ari
core  

Judicial Review of Administrative Action at National Level under the EU Charter of Fundamental Rights and General Principles of EU Law

open access: yesCentral European Public Administration Review, 2020
This article aims to determine when the national authorities have the obligation to comply with EU fundamental rights, in the framework of administrative procedures carried out in the EU Member States.
Mihaela Vrabie
doaj   +1 more source

Primacy of international and EU law in tax law [PDF]

open access: yes, 2020
peer reviewedprimauté du droit international et du droit européen en droit fiscal belge / Primacy of international and EU Law in Belgian tax ...
Richelle, Isabelle
core   +1 more source

The European Union and the Search for an International Data Protection Framework

open access: yesGroningen Journal of International Law, 2014
The European Union (EU) has supported the growing calls for the creation of an international legal framework to safeguard data protection rights. At the same time, it has worked to spread its data protection law to other regions, and recent judgments of ...
Christopher Kuner
doaj   +1 more source

National identity as a path towards the compatibility of the opposite standpoints

open access: yesVilnius University Open Series, 2020
Both the unconditional primacy of the EU law (even over all the national constitutional norms), and the supremacy of any national constitutional rule over EU law, couldn’t be considered as a solution to the accommodation of the constructive interaction ...
Paulius Griciūnas
doaj   +1 more source

Reconceptualizing the Primacy–Supremacy Debate in EU Law [PDF]

open access: yes, 2020
The practical effects of the principle of primacy of EU law are well established in the case law of the Court of Justice of the European Union (CJEU). However, the highest national courts have had difficulties in coming to terms with the principle.
Tuominen, Tomi
core   +2 more sources

National and Constitutional Identity in the Case Law of the Court of Justice of the European Union

open access: yesBratislava Law Review, 2017
The aim of this paper is to determine the position of the CJEU towards the national identity with regard to its case law and whether the Court gives preference to the national identity or to the primacy of EU law during the balancing between the ...
Ondrej Hamuľák   +2 more
doaj   +1 more source

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