5. Supremacy of EU Law
5.1. Supremacy of EU Law
Supremacy of EU law
Van Gend en Loos EU law and national constitutional courts EU law and national constitutions
- EU law as new legal order 1. EU constitutional sovereignity Internationale Handelsgesellschaft
- limitation of Member State’s sovereign rights - national constitutional court - EU law precedence over all
Costa v ENEL unconditionally accepts ECJ decisions national laws, including national
- EU law as independent source of law - not adopted by any Member State constitutional law
- precedence over all conflicting national laws 2. unconditional national constitutional - but hardly applied
- otherwise purpose of binding character of EU law sovereignity
defeated - continuing and unconditional
Simmenthal sovereignity of national constitutions
- prohibition of adoption of national law contrary to EC - national self-determination
law - adopted by Poland
- national court must set aside conflicting national law 3. constitutional tolerance
but administration and enforcement matter for national - recognition of special status of EU law
authorities - but ultimately for national
Lisbon Treaty constitutional courts to decide on
- EU law primacy over national law (Declaration 17) authority of EU law (Gauweiler)
- but principle of self-government of Member States (Art. - most frequently adopted
4(2) TEU)
Kühne
- statements of law by ECJ binding on all courts in EU (
5.1. Supremacy of EU Law
Supremacy of EU law
Van Gend en Loos EU law and national constitutional courts EU law and national constitutions
- EU law as new legal order 1. EU constitutional sovereignity Internationale Handelsgesellschaft
- limitation of Member State’s sovereign rights - national constitutional court - EU law precedence over all
Costa v ENEL unconditionally accepts ECJ decisions national laws, including national
- EU law as independent source of law - not adopted by any Member State constitutional law
- precedence over all conflicting national laws 2. unconditional national constitutional - but hardly applied
- otherwise purpose of binding character of EU law sovereignity
defeated - continuing and unconditional
Simmenthal sovereignity of national constitutions
- prohibition of adoption of national law contrary to EC - national self-determination
law - adopted by Poland
- national court must set aside conflicting national law 3. constitutional tolerance
but administration and enforcement matter for national - recognition of special status of EU law
authorities - but ultimately for national
Lisbon Treaty constitutional courts to decide on
- EU law primacy over national law (Declaration 17) authority of EU law (Gauweiler)
- but principle of self-government of Member States (Art. - most frequently adopted
4(2) TEU)
Kühne
- statements of law by ECJ binding on all courts in EU (
