Op-Ed: “Primacy of EU law and res iudicata in national criminal proceedings, revisited and reversed. A comment on Vueling (C-370/17 and C-37/18)” by Daniel Sarmiento
The EU principle of primacy is a never-ending source of fascinating legal issues. No matter how consolidated the principle may look from the outset, it is constantly being fleshed out and refined through an ongoing array of judicial decisions from the Court of Justice, as witnessed last week in the case of Vueling (C-370/17 and C-37/18).
In Vueling, a preliminary reference from the French regional court of Bobigny, the Court of Justice had the opportunity to refine its case law on the primacy of EU law over national judgments with the force of res iudicata. This is a matter that has been mostly settled by long-standing case law, according to which the principle of legal certainty prevails over the primacy of EU law, thus precludin