Rationalizing Supremacy Supremacy, effectiveness, and two standards of equality in EU law Klamert, Marcus Author aut Text xx# 2021 Verfassungsblog 2021-10-18 eng
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 For many years, supremacy has been rationalized by the European Court of Justice and in the literature mainly with arguments relying on the effectiveness of EU law and on its necessity for resolving conflicts between Union law and the laws of the Member States. In light of the most recent supremacy-related decisions by constitutional courts in Poland and Germany, these rationalizations seem to have lost their persuasive power. Instead of relying on effectiveness or the equality of Member States, supremacy should be seen as being mainly grounded in the individual-centred non-discrimination standard anchored in Article 18 TFEU. CC BY-SA 4.0 Klamert, Marcus funded by the government Article 18 TFEU Direct Effect EU Law Supremacy Vorrang 342 https://staging.verfassungsblog.de/rationalizing-supremacy/ Verfassungsblog 2366-7044 Max Steinbeis Verfassungsblog gGmbH 10.17176/20211018-182946-0 211018 10.17176/20211018-182946-0 Converted from MARCXML to MODS version 3.7 using MARC21slim2MODS3-7.xsl (Revision 1.140 20200717)