Towards an Internally Consistent Doctrine on Invoking Norms of EU Law
This chapter discusses the way in which EU norms can be invoked. It determines how, in dialogue with national courts, the ECJ has sent out diverging signals as to when norms of EU law can be invoked. On the one hand, divergence flows from conflicting conceptual approaches to invocability; on the other hand, it can be linked to the piecemeal construction of case law. Moreover, the introduction of the Third Pillar instruments has created further uncertainty. It is argued that divergence can be overcome. The chapter then restates an alternative reading of case law which recalls the role played by primacy in invoking norms of EU law.
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