Hierarchy of Norms in the Primer Law during the European Constitutionalisation Process

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-a-vis founding treaties of the Union within the context of hierarchy of different norms in the EU legal system.

Keywords

Primer Law; Hierarchy of Norms; EU Constitution; United Cyprus Republic.

Citation

Arsava, A. Füsun, “Hierarchy of Norms in the Primer Law during the European Constitutionalisation Process”, International Relations, Volume 1, Issue 2 (Summer 2004), pp. 1-24.

Affiliations

• A. Füsun Arsava, Prof. Dr., Ankara University, Faculty of Political Sciences, Department of International Relations