Supremacy Scorned? EU law supremacy after three ultra vires judgments

Is EU law still supreme? Most national high courts have formulated some limits on the absolute supremacy claimed by EU law. Only three courts so far have actually declared an EU act to be ultra vires, openly denying supremacy: the Czech Constitutional Court in Landtova, the Danish Supreme Court in Ajos, and last and perhaps most spectacularly, the German Constitutional Court in its recent Weiβ judgment on the PSPP. In this third podcast of the NVER, the Dutch association of EU law, three eminent experts on these judgments take us through what we should, and perhaps also should not learn from these judgments, and what they mean for the supremacy of EU law more generally, also looking ahead at the challenges still to come.
This podcast is an interactive interview with. Prof. Dr. Martin Nettesheim, professor of Public law, European Law and Public International law at Tübingen, Professor Dr. Ruth Nielsen, professor of EU law at the Copenhagen Business School, and Prof. Dr. Jan Komárek, professor of EU law at the University of Copenhagen. The discussion is lead by Dr. Armin Cuyvers, associate professor of EU law at the Europa Instituut of Leiden University and member of the NVER Board, and Frederik Behre, PhD researchers at the Europa Institute of Leiden University.