The Principle Of Supremacy Of European Union

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This essay will examine and evaluate the principle of supremacy of European Union (‘EU’) law since its ‘inception in the two fundamental authorities’ of Van Gend en Loos v Nederlandse Administratie and Costa v ENEL analyzing how these cases established ‘an autonomous legal order which limits national sovereignty’ . Using Professor Weiler’s prism of ‘bi-dimensionalism’ this essay will examine supremacy through two viewpoints, how the Court of Justice of the European Union (‘CJEU’) has looked at the supremacy of EU law and how the national courts have viewed the supremacy. Whilst the EU may have one view, the second part of bi-dimensionalism is how the Member States have reviewed and interpreted the EU decisions reconciling them with…show more content…
However again this higher status can be seen as limited as is only assumed from a written obligation. Therefore to asses if supremacy is not the challenge to member state sovereignty that is appears to be, a close analysis of how the CJEU has dealt with the issue of supremacy of EU law in case law is needed, firstly looking at Van Gend en Loos which stated that the ‘EU was a new legal order permanently limiting the sovereign rights of the Member State’. This customs case helped establish the ‘relationships between the European Union and international law…to grantee that the rules of one system are complied with in another legal order ’ showing in practise that if on a national level EU law is breached CJEU will take supremacy and comply with ‘the integrity of the EU legal order’ . Further evaluation of the limits of the supremacy can be seen in the case of Costa V ENEL where ‘Italy had claimed that the EU treaties…had been transposed into the Italian legal order by national legislation, which could therefore be derogated by subsequent national legislation. The court rejected this presumption of the supremacy of national law by insisting on the supremacy of EU law’ . This case holds significance as it ‘is well-known since Costa V ENEL the court has affirmed the supremacy of Community law over national law’ strongly suggesting the continued existence of EU supremacy is not frequently

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