The Primacy and Direct Effect of EU Law after the Lisbon Treaty

The presentation will deal with the recent evolution in respect of the twin principles of direct effect and primacy of EU law. The starting point will be the changes in the text and structure of the founding Treaties after the Lisbon Treaty amendments, including the disappearance of the earlier exclusion of direct effect for the former ‘third pillar’ instruments, a new Declaration on primacy, a new Article 4, para. 2 EU Treaty referring to the respect for the constitutional identities of the member states, the consequences of the merger of the EU and the EC for the scope of primacy and direct effect. The presentation will situate these changes within the broader context of the evolution of the case law of the ECJ on primacy and direct effect, as well as recent rulings by national constitutional courts on the relation between European and national law.