Why Primacy Operates Differently in the Area of Freedom, Security and Justice

The EPPO’s anti-corruption mandate meets a constitutional constraint in Greece, where only Parliament may initiate proceedings against ministers. The familiar logic of EU primacy offers no easy way through, as Union law itself leaves gaps and accommodates national procedural orders. What emerges instead is a structural limit: in criminal law, integration proceeds within – not against – constitutional tradition.

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Publication Details

Published
2026-04-15
DOI
https://doi.org/10.59704/2ee01c1005e7bc37
Primary Topic
European Criminal Justice and Data Protection
Type
article
Field-Weighted Citation Impact
0.00
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article

Why Primacy Operates Differently in the Area of Freedom, Security and Justice

Martin Heger, Philippos-Georgios Kotsalis
European Criminal Justice and Data Protection
article

Why Primacy Operates Differently in the Area of Freedom, Security and Justice

Martin Heger, Philippos-Georgios Kotsalis
article en

Abstract

The EPPO’s anti-corruption mandate meets a constitutional constraint in Greece, where only Parliament may initiate proceedings against ministers. The familiar logic of EU primacy offers no easy way through, as Union law itself leaves gaps and accommodates national procedural orders. What emerges instead is a structural limit: in criminal law, integration proceeds within – not against – constitutional tradition.

Peace, Justice and strong institutions
Openalex Percentile: Top 4%
European Criminal Justice and Data Protection
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Why Primacy Operates Differently in the Area of Freedom, Security and Justice — Martin Heger, Philippos-Georgios Kotsalis · (2026) | TGRS Research Map | TGRS