The relationship between primary and secondary law in the EU

Research output: Contribution to journalArticle (Academic Journal)

18 Citations (Scopus)
1316 Downloads (Pure)

Abstract

This article is concerned with the relationship between primary and
secondary law in the EU, as it emerges from the case law of the Court of
Justice. It examines the broad spectrum of ways in which the Court deals
with secondary law, considering in particular the extent to which the
Court allows the passage of secondary legislation to affect its reading of
primary law. The case law of the Court is difficult to predict, and difficult
to evaluate. The “proper” relationship between primary and secondary
law depends on one’s assessment of the “legal” or “political” nature of
the EU’s constitutional settlement, and on one’s views about the
relationship between, and legitimacy of, the judiciary and the legislature
at EU level.
Original languageEnglish
Pages (from-to)461-488
Number of pages27
JournalCommon Market Law Review
Volume52
Issue number2
Publication statusPublished - Apr 2015

Bibliographical note

Date of Acceptance: 20/02/2015

Fingerprint Dive into the research topics of 'The relationship between primary and secondary law in the EU'. Together they form a unique fingerprint.

Cite this