The Doctrine of Supremacy
The ECJ made it clear in the following cases that EU law is supreme:
Van Gend En Loos v Nederlanse
Conflict between: EU law and an earlier piece of national legislation
ECJ: "The Community constitutes a new legal order in international law, for whose benefit the States have limited their sovereign rights". This was the first statement of the principle of supremacy.
Winner: EU Law
ECJ: "The Community constitutes a new legal order in international law, for whose benefit the States have limited their sovereign rights". This was the first statement of the principle of supremacy.
Winner: EU Law
Costa v ENEL
Conflict between: EU law and a later piece of national legislation
ECJ: Cited Van Gend and took it further - said that there had been a "transfer of power to Union institutions".
Winner: EU Law
ECJ: Cited Van Gend and took it further - said that there had been a "transfer of power to Union institutions".
Winner: EU Law
Internationale Handelsgesellschaft
Conflict between: EU law and a Member State's constitution. Any normal law in breach of constitution was normally declared invalid.
ECJ: "The legality of a Union Act cannot be judged in light of national law of any nature whatsoevevr" and "EU law will always take precedence over conflicting provisions of the Member States"
Winner: EU Law
ECJ: "The legality of a Union Act cannot be judged in light of national law of any nature whatsoevevr" and "EU law will always take precedence over conflicting provisions of the Member States"
Winner: EU Law
The question of supremacy has also arisen in national courts:
Amministrazione Delle Finanze Dello Strata v Simmenthal
Facts: The Italian Court was confused - should it apply EU law at once to the case or wait until the national constitutional court declared the national law invalid?
Held: It is not necessary for a lower court to wait for a higher court to request or await the setting aside of conflicting national legislation
Held: It is not necessary for a lower court to wait for a higher court to request or await the setting aside of conflicting national legislation
Factortame
Facts: Spanish fishermen sought judicial review and an interim injunction to suspend the operation of the Merchant Shipping Act 1988 that prevented them from fishing in British waters. The suspension would operate whilst the question of the "legality" of the provisions under EU law was decided. Suspension of an Act was not an available remedy under English law
Held: The ECJ said it was necessary to suspend the Act in order to safeguard directly effective EU law rights. They held that this includes disapplying offending national legislation.
Held: The ECJ said it was necessary to suspend the Act in order to safeguard directly effective EU law rights. They held that this includes disapplying offending national legislation.
Case of ERTA
The principle of supremacy also applies to obligations (agreements) entered into with third countries (non-members)
Shades of Supremacy
Problems of Application
Even if EU supremacy is accepted in theory, national procedural rules often pose problems for national courts as was shown by the cases of Simmenthal and Factortame (see above).
Shades of Supremacy
The degree of acceptance of EU supremacy varies
The basis of acceptance may vary between MS e.g. prima facie or on provisions in a national constitution
Even if EU supremacy is accepted in theory, national procedural rules often pose problems for national courts as was shown by the cases of Simmenthal and Factortame (see above).
Shades of Supremacy
The degree of acceptance of EU supremacy varies
The basis of acceptance may vary between MS e.g. prima facie or on provisions in a national constitution