Primacy: three (not so) unshakable certainties about a foundational principle of EU Law

Although the primacy of the law of the European Union over that of its Member States has long been a debated topic, most scholars agree on at least three issues: i) that this principle was first introduced by the European Court of Justice in Costa v. ENEL (1964), ii) that primacy is an absolute principle, i.e. one that admits no exceptions; iii) that primacy is feature unique to EU law, distinguishing it from the law of other international organizations. This talk seeks to examine the on-going validity of those statements on the basis of insights from previously undisclosed materials from the EU Historical Archives in Florence, the latest rulings by the ECJ and Member States’ highest courts, and comparative research involving other international organizations such as the Andean Community, SICA, OHADA, UEMOA, and CEMAC.