Primacy of EU law

Monica Claes

Chapter 9 in Research Handbook on European Constitutional Law, 2026, pp 152-171 from Edward Elgar Publishing

Abstract: The chapter analyses the principle of primacy of EU law, a judge-made doctrine originating from Costa, Internationale Handelsgesellschaft, and Simmenthal, requiring all national authorities to accord precedence to directly effective EU norms over any conflicting domestic provision, including constitutional rules. Although not codified in the Treaties, primacy is construed by the CJEU as indispensable to the autonomy, unity, and effectiveness of the EU legal order. National constitutional courts, however, articulate conditional conceptions of primacy grounded in their constitutions, asserting limits through three doctrinal devices: the Solange fundamental-rights reservation, ultra vires review, and constitutional identity review. Initially theoretical, these limits have produced several concrete refusals to apply EU law. Recent conflicts – particularly concerning judicial independence – have prompted the CJEU to reinforce the theoretical foundations of primacy and the Commission to initiate infringement proceedings, underscoring the doctrine's continuing contestation within Europe's multi-level constitutional landscape.

Keywords: Contestation over primacy; Ultra vires review; National constitutional identity; Judicial independence; Infringement proceedings to enforce primacy (search for similar items in EconPapers)
Date: 2026
ISBN: 9781802207866
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