EU Law Primacy

Currently, there is no uniform perception of the doctrine of primacy of EU law in the Member States. In practice, coexistence of the EU legal system and a national legal system entails numerous legal conflicts. While the CJEU consistently develops the doctrine of absolute primacy of EU law, constitutional and supreme courts of many EU Member States uphold the primacy of the Constitution in the national legal order. This paves the way to a potential conflict between the CJEU and constitutional courts.
At the seminar the positions of Italian Corte Costituzionale and Constitutional Trybunal of the Republic of Poland regarding the perception of the doctrine of primacy of EU law at the national level will be discussed.

Speakers

• Stanisław Biernat, Professor Emeritus at Jagiellonian University of Cracow (Poland) and Retired judge of the Polish Constitutional Tribunal and its Vice-President 2010-2017

    Recent CJEU jurisprudence on the principle of primacy of EU law as a reaction to violations of the rule of law in Poland

• Marco Dani, University of Trento

    The primacy of EU law and the Italian Constitutional Court: strategies of adjustment

• Pietro Faraguna, University of Trieste

    Constitutional Identity and the primacy puzzle

• Halyna Dovhan, PhD in Law (Ukraine) and Research Fellow at University of Trento

    Supremacy of EU law or Supremacy of the Constitution. Position of the Polish Constitutional Tribunal

Moderator:

• Jens Woelk, University of Trento

Final Remarks:

• Luisa Antoniolli, University of Trento