TY - JOUR
T1 - The principle of primacy versus the principle of national procedural autonomy
AU - Ortlep, R.
AU - Verhoeven, M.J.M.
PY - 2012/4
Y1 - 2012/4
N2 - The case law of the Court of Justice on revoking a national final administrative decision or judgement which is not compliant with EU law can illustrate the existing tension between the principle of primacy on the one hand, and the principle of national procedural autonomy on the other. Although the Court’s choice for one of the two principles as a starting point for solving a collision between EU law and national law may seem arbitrary at first glance, a system may be possible to a certain extent. This study discusses this system, hoping to provide a possible model of explanation which may be applicable to future case law.
AB - The case law of the Court of Justice on revoking a national final administrative decision or judgement which is not compliant with EU law can illustrate the existing tension between the principle of primacy on the one hand, and the principle of national procedural autonomy on the other. Although the Court’s choice for one of the two principles as a starting point for solving a collision between EU law and national law may seem arbitrary at first glance, a system may be possible to a certain extent. This study discusses this system, hoping to provide a possible model of explanation which may be applicable to future case law.
U2 - 10.5553/NALL/.000004
DO - 10.5553/NALL/.000004
M3 - Article
SN - 2213-3518
VL - 2012
JO - Netherlands Administrative Law Library
JF - Netherlands Administrative Law Library
ER -