The relationship between primary and secondary law in the EU

Philip A J Syrpis

122 citations0/0 files storedCommon Market Law Review

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European and International Law Studies European Union Policy and Governance European Law and Migration

Abstract

This article is concerned with the relationship between primary and secondary law in the EU, as it emerges from the case law of the Court of Justice. It examines the broad spectrum of ways in which the Court deals with secondary law, considering in particular the extent to which the Court allows the passage of secondary legislation to affect its reading of primary law. The case law of the Court is difficult to predict, and difficult to evaluate. The "proper" relationship between primary and secondary law depends on one's assessment of the "legal" or "political" nature of the EU's constitutional settlement, and on one's views about the relationship between, and legitimacy of, the judiciary and the legislature at EU level.

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