1. Hierarchy of Norms in the Primer Law during the European Contitutionalisation Process
- Author:
- A. Füsun Arsava
- Publication Date:
- 06-2004
- Content Type:
- Journal Article
- Journal:
- Uluslararasi Iliskiler
- Institution:
- Uluslararasi Iliskiler
- Abstract:
- The discussion over the proposed derogations regarding the establishment of the United Cyprus Republic on the basis of Annan Plan and its EU membership has been the main motive in writing this paper. Since the acceptance of these derogations as secondary law stipulations could have resulted in a risk of annulment on the basis of their being in breach of primary EU law, some attention was paid to the possibility of accepting them as part of the accession agreement, thus rendering onto them primary law status. In connection with these discussions, this paper discusses the validity of derogations as primary law rules vis-à-vis founding treaties of the Union within the context of hierarchy of different norms in the EU legal system.
- Topic:
- Law
- Political Geography:
- Europe and Cyprus