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Title: Supremacy of EU Law revision sheet
Description: Here is a detailed cover of the Supremacy of EU Law. This is in-depth and perfect for any student revising EU Law.

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Supremacy of EU Law Revision Sheet
There are 2 narratives (understandings) on the nature of the EU legal order (relationship between
the EU and national law) – The CJEU v National Court Institutions

CJEU’s Narrative
Case 26/62 Van Gend En Loos
the Community constitutes a new order of international law for the benefit of which the states have
li ited thei so e eig ights
The principle of supremacy comes from the case Costa v ENEL
...

B eati g a Co
u it of u li ited du atio , ha i g its o i stitutio s its o pe so alit …
...

The further effect from Costa is that a subsequent unilateral national act could not prevail over EU
Law – EU law was placed at the top of the legal hierarchy
...
e
...


The effectiveness of EU Law
The i teg atio i to the la s of ea h e e state of p o isio s hi h de i e f o the o
u it
make it impossible for states, as a corollary, to accord precedence to a unilateral and subsequent
measure over a legal system a epted the o the asis of e ip o it
...


The uniformity of EU Law
Co
u it la a
do esti la s
...
Community law should
be equally applied across all member states
...
The issue was whether the national
law should be set aside immediately, or could the lower national court wait for the National
Constitutional Court to declare the measure unconstitutional? It was held that
-

-

Every national court, including the lower courts, must apply Community law
...

If the applicant had to wait for the case to be appealed to the Constitutional court it would
limit the effectiveness of EU Law Supremacy
...
The issue was that
national courts did not have this power i
...
no power to suspend parliamentary acts, but also there is
the assumption that any act of parliament is compatible with EU law up until the point where the
CJEU deems it incompatible
...


The effectiveness of EU law thus requires national courts to:
-

Disapply the offending national law, and;
Supply a remedy which may not be available under national law
This applies to all national law, as in the case Internationale Handelsgesellschaft:

Concerned a challenge to the validity of an EU Regulation before the German Courts, on the
basis that it breached German Constitutional law, in particular, fundamental rights

Supremacy and Lisbon
Declaration 17 on primacy:
i a o da e ith ell settled ase la of the CJEU, the T eaties ha e p i a
e e states
...

Primacy is about rules of application – when there is a conflict between national law and EU law, you
simply ignore the national law and apply EU law
...

Primacy is only considered in Declaration 17
...
The result is that it is national law that
determines the legal effects of EU law in the national systems
...

U de the te s of the 97 A t it has al a s ee lea that it as the dut of the U ited
Kingdom Court, when delivering final judgment, to override any rules of national law found to be in
conflict with any directly enforceable rule of Community law
...
2)
[1991] 1 AC 603

Limits to supremacy
I the e e t, hi h o dou t ould e er happen in the real world, that a European measure was
seen to be repugnant to a fundamental or constitutional right guaranteed by the law of England, a
question would arise whether the general words of the ECA were sufficient to incorporate the
measure a d gi e it o e idi g effe t i do esti la
...
e
...

Thoburn v Sunderland CC [2003] QB 151


Title: Supremacy of EU Law revision sheet
Description: Here is a detailed cover of the Supremacy of EU Law. This is in-depth and perfect for any student revising EU Law.