Results 261 to 270 of about 1,601 (301)

The rule of law crisis in Poland and the challenge to the principle of the primacy of EU law

, Jarosław Bełdowski
exaly   +2 more sources

10. The Relationship Between EU Law and National Law: Primacy

2020
All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter discusses the doctrine of primacy of EU law, which was developed by the European Court of Justice (ECJ) based on its conception of the ‘new legal order’. The ECJ
Paul Craig, Gráinne de Búrca
openaire   +1 more source

Supremacy or Primacy of EU Law—(Why) Does it Matter?

European Law Journal, 2011
AbstractEven 50 years on the principle of supremacy or primacy is still surrounded with ambiguity, which is apparent already on the level of semantics. The principle has not carried a single name, but three. This paper argues that a disparity in the denomination of the principle amounts to much more than semantics.
openaire   +1 more source

RULE OF LAW, INDEPENDENCE OF THE JUDICIARY AND PRIMACY OF EU LAW

2021
the essays aims at analyzing landmark decisions concerning national courts indipendence in the fields covered by EU law, especially cases brought before the CJEU, on certain reforms of national judicial systems and their compliance with the principle of judicial independence enshrined in Article 19(1) TEU and in Article 47 of the Charter of Fundamental
openaire   +1 more source

The Primacy of EU Law Over National Law: Rule of Law Contested—Reflections on the Case of the Polish Constitutional Court

2023
In order to understand the Polish case, one has first to zoom out of the case and zoom into the very nature of European integration: Unlike other regional integration mechanisms, like ASEAN, the EU has been built from the outset on the rule of law—the European Court of Justice (EUCJ) therefore is an essential part of the EU´s institutional structure.
openaire   +2 more sources

Forty years of EU law in Greece: reflections on primacy

2021
editorial ...
openaire   +1 more source

“Not Taking Rights Seriously”. Opting for the Primacy of eu Law over Broader Human Rights Protection

International Human Rights Law Review, 2015
The European Union (eu) accession to the Convention for the Protection of Human Rights and Fundamental Freedoms (echr) has been a hot topic in the European legal discourse in this decade. Ruling on the compliance of the Draft Agreement on eu accession to the echr with the eu Treaties, the Court of Justice of the eu (cjeu) came up with a rather ...
Fisnik Korenica, Dren Doli
openaire   +1 more source

Sovereignty, Primacy and the Common Law Constitution: What Has EU Membership Taught Us?

SSRN Electronic Journal, 2018
This chapter reflects on the notion of parliamentary sovereignty as it is understood in the UK in the light of the Supreme Court's judgment in R (Miller) v Secretary of State for Exiting the European Union, and, more generally, against the backdrop of the UK's membership of the European Union. In particular, in the paper I explore substantive questions
openaire   +2 more sources

The intersection of national and European law - Assessing the conflict of laws, rules and the primacy of EU law in Poland

Central European Academy Law Review
The article explores the principle of the primacy of European Union law in the context of Polish law, analyzing its evolution, legal foundations, and its impact on the sovereignty of member states. It discusses the origins of the primacy principle, emphasizing the role of the case law of the Court of Justice of the European Union and the significance ...
openaire   +1 more source

Is the Primacy of EU Law Absolute or Relative? Explaining Primacy in Interlocking Legal Systems

Europarättslig tidskrift, 2023
openaire   +1 more source