The disapplication of primacy within the CJEU jurisprudence.



principle of primacy, CJEU, disapplication of norms, internal limits, legal certainty, principle of legality.


Abstract: The present work is concentrated on the analysis of jurisprudence of the CJEU in the sector of principle of primacy of EU and especially in the case of disapplications. Non-application is configured as the necessary consequence of the implementation of the principles of direct efficacy and direct applicability, two essential pillars in the construction of the control system on respect for the primacy. But are national courts always required to disapply national rules which conflict with directly effective Union rules? A constant and prolonged refusal by the supreme or constitutional jurisdictions of the Member States to apply EU law if it conflicts with the cardinal principles of the respective legal systems could determine an "external" temperament of the scope of the principle of primacy also from the point of view of the EU legal system? These are some of the issues that we seek to investigate through the latest jurisprudence in the case of the primacy of EU law.