Public administration applying the EU law’s primacy and effectiveness
Abstract
The European Union law’s primacy and effectiveness applies to Public Administration and its decisions. Therefore, Public Administration, as happens with a national judge, must apply EU law effectively, which a consistent interpretation of internal law and administrative practice.
However, unlike a national judge, Public Administration lacks the interpretative guide of the Court of Justice through the prejudicial question. Because of this, it is very important to consider the Court of Justice’s doctrine on primacy and its projection on administrative decisions. As legal certainty principle protects in general final administrative acts, in some cases, there is a power or an obligation to review final administrative decisions.
The aim of this work is to carry out an updated analysis of the jurisprudence of the Court of Justice on the application of EU law primacy and effectiveness over administrative acts.
Received: 16.11.2020
Accepted: 21.12.2020
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Last update: 08/02/2022
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