The (non)absolute character of EU primacy

This talk takes the view that, contrary to conventional wisdom, the principle of primacy does not have an absolute character. First, the talk argues that the ability to take precedence over national constitutional provisions is a feature EU law shares with other international treaties. Second, the argument is made that primacy has a residual role in the resolution of antinomies relative to other analytical steps (i.e. review of legality, ascertainment of derogations from EU law, etc.). Third, regard is had to the manyfold exceptions EU law itself provides to the duty to disapply national rules at variance with EU law. Fourth, attention is paid to the external limits that national courts have sought to impose on EU primacy and their “internalization” through the case-law of the ECJ.