Op-Ed: “Legal Embarrassment after PSPP and K 3/21: The Bogus Distinction between Primacy and Supremacy and the Need for an Ethics of EU Law Supremacy” by Justin Lindeboom
This contribution is part of the EU Law Live Symposium on the primacy of EU law and the implications of the Polish Constitutional Court's Decision in case K 3/21. See also the Op-Eds by René Repasi, Jeffery Atik and Xavier Groussot, David Krappitz and Niels Kirst, Paul Craig, Dimitry Kochenov, Christophe Hillion, Federico Casolari, Araceli Turmo, Ulla Neergaard and Karsten Engsig Sørensen, and Dániel Dózsa and Marcin J. Menkes.
There seems to be an unavoidable embarrassment in our possible responses to the unlawfully composed Polish Constitutional Tribunal’s decision in case K 3/21. Insisting once again upon the primacy of EU law begs the question and mainly causes weariness – yet another rehearsal of