Methods of achieving the balance between the application of EU law primacy principle and protection of fundamental constitutional principles

Abstract

On July 15, 2024, the primacy principle of the EU Law will have been in place for exactly sixty years since its establishment in Costa v. E.N.E.L in 1964. Notwithstanding such a long time, EU Member States still experience challenges in its application, especially when their constitutional law is being affected. The thesis examines the clash between the application of the primacy principle and the protection of fundamental constitutional principles. The author has established the following research question: “How should the national courts apply the EU Law primacy principle to simultaneously safeguard the constitutional fundamental principles while still adhering to the primacy principle?” The analysis of jurisprudence of both the European Court of Justice and Constitutional Courts of EU Member States shows the need for careful balance between the interests of national states and the European Union as a whole.