Popławski II: A Half-Hearted Embrace of Hierarchical Supremacy

Abstract

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.