The Twin Doctrines of Primacy and Pre-emption

The first part of the chapter is be devoted to the doctrine of primacy and focuses on its origins as a legal principle, its requirements for Member States' organs, and its limits as articulated by the European Court of Justice (ECJ) and by the courts of several Member States. The second part of this work will concern the doctrine of pre-emption. Following a brief account of the various scholarly conceptualizations of that doctrine and the formulation of a stipulative de nition, attention will be paid to the analytical framework employed by the ECJ to identify normative conflicts between EU and Member States' law.