Eu Law Essay
The EU Treaties do not contain a specific legal base or express declaration for the supremacy of EU law but some articles logically imply supremacy.
The Lisbon Treaty is silent about the principle of the supremacy of the European Union law over national law. However, Declaration number 17 was attached to the aforementioned Treaty to this effect. There can be seen a very unambiguous perspective on the issue of supremacy of European Union law over disagreeing national law: ‘under the principle of supremacy, precedence must always be given to Community law over conflicting national law however framed and including national constitutional provisions'.
As it is firmly known, the discussed principle of supremacy was …show more content…
In the case of Ciola, the government of Austria did disagree with the supremacy being automatically applied to ‘specific individual administrative acts', since it may undermine the doctrines of both legal certainty and legitimate expectations. The Court by dismissing the Austrian government did confirm that the principle of primacy is equally asserted and also required by the ECJ whenever directly effective EU law is concerned. Italian Constitutional Court