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.
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 language | English |
|---|---|
| Pages (from-to) | 461-487 |
| Number of pages | 27 |
| Journal | Common Market Law Review |
| Volume | 52 |
| Issue number | 2 |
| Publication status | Published - 1 Apr 2015 |
