Popławski II: A Half-Hearted Embrace of Hierarchical Supremacy
2020 ◽
Vol 13
(1)
◽
pp. 155-174
Keyword(s):
Eu Law
◽
In the Popławski II judgment, it is held that primacy of EU law provides the legal basis for the duty of consistent interpretation and State liability. This corresponds to a perspective where there is a hierarchical relationship between EU and national law. However, another feature of this hierarchical model, i.e. the possibility to disapply conflicting national law, without having recourse to direct effect, is rejected.