Abstract
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 between two autonomous legal systems. The pluralistic models come up with a solid explanation on how legal systems interact. However, they fail to provide a solution when it comes to the potential collision of the EU and national constitutional norms. In the last decade, discourse on the notion of national identity has been developing. This concept could be a viable approach in resolving situations (as researched in this article2) bordering on conflict in the pluralistic models.
Highlights
The dispute over the primacy of EU law, over any national law, is a long-standing issue that has sparked debate
The primacy of EU law was introduced as the core principle of EU law by the ECJ in C-6/64 Costa (Judgment of the Court of 15 July 1964), which sought to prevent the deprivation of the character of EU law by the national law “ framed”
The Member States could introduce amendments to their national constitutions to circumvent the requirements of EU law, which would substantially affect the unity of EU law
Summary
The dispute over the primacy of EU law, over any national law, is a long-standing issue that has sparked debate. Despite the existence of the primacy of EU law in early decisions, the ECJ maintains its’ position: the “rules of national law, even of a constitutional order, cannot be allowed to undermine the unity and effectiveness of Union law” (Judgment of the Court (Grand Chamber) of 8 September 2010). This position that the ECJ maintains meets the general idea of the EU, as described by L.F.M. Besselink, as the supranational construct that prevails over the Member States. Couldn’t it be argued that the primacy of the EU law over national constitutional norms could be limited under certain conditions, and in case the results are favourable, under which conditions?
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