EU Recht (Week 1): What happens when two legislative wills come into conflict? How do courts solve these conflicts between NL and EL? Name the theories.

Question

What happens when two legislative wills come into conflict? How do courts solve these conflicts between NL and EL? Name the theories.

Bas Dubbelman · Accepted Answer

The theories:
1. Centralised solution: federal law is supreme of state law
2. Decentralised solutions: law law may reign supreme over central law. Each federal order must thus determine which law prevails
3. Absolute primacy: all law from the one legal order is superior to all law from the order

EU Recht (Week 1)

What happens when two legislative wills come into conflict? How do courts solve these conflicts between NL and EL? Name the theories.

The theories: 1. Centralised solution: federal law is supreme of state law 2. Decentralised solutions: law law may reign supreme over central law. Each federal order must thus determine which law prevails 3. Absolute primacy: all law from the one legal order is superior to all law from the order

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