Recent Judicial Resistance Again the Primacy and Authority of EU Law by Constitutional Courts in Some Member States: A Survey of Literature
Recent Judicial Resistance Again the Primacy and Authority of EU Law by Constitutional Courts in Some Member States: A Survey of Literature

Author(s): M. Elvira Mendez-Pinedo
Subject(s): EU-Legislation, Sociology of Law, Comparative Law
Published by: ADJURIS – International Academic Publisher
Keywords: European Union law; authority and primacy; resistance by national (constitutional) courts; Court of Justice of the EU; survey of literature;
Summary/Abstract: The study explores in the first place recent criticism, backlash and resistance to the authority of European Union (EU) law by the highest constitutional European courts in some EU Member States. Several important rulings show how the primacy and effectiveness of EU law seem highly disputed and undermined with negative consequences for the judicial protection of individual rights in Europe. In the second place, the study refers to the doctrine of primacy of EU law created by the Court of Justice of the European Union (CJEU) and explains the reasons why some Member States’ courts have mostly accepted primacy of EU law as a principle while reserving a final say on it under certain limited circumstances (constitutional reservations studied mostly by the school of constitutional pluralism). In the third place, the study offers a survey of recent literature regarding the role of national courts in EU law, judicial dialogue with the CJEU and, more specifically, this worrying and current wave of dissent, defiance, and resistance to the authority of EU law.

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