The principle of primacy versus the principle of national procedural autonomy

Abstract

Dit artikel uit Netherlands Administrative Law Library is gepubliceerd door Boom juridisch en is bestemd voor anonieme bezoeker 16-07-12 08:56 The principle of primacy versus the principle of national procedural a…nistrative Law Library • NALL-Netherlands Administrative Law Library

Procedural Autonomy of a Member State: Application of the Principle by Latvian Administrative Courts

“…8 Many commentators underscore the fact that it is mainly the principle of effectiveness that is invoked in the CJEU's jurisprudence; equivalence is much less exploited. 9 Some authors have pointed out that it is clear that a certain tension exists between the principle of primacy and the principle of national procedural autonomy: the obligation to set aside rules of national procedural law is diametrically opposed to the principle of national procedural autonomy. Hence, it is not surprising that the Court of Justice generally opts for one of these two principles as starting point when answering preliminary questions on collisions between EU law and national law.…”