Eu Law Essay

1232 Words Apr 6th, 2013 5 Pages
Principle of Supremacy
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
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The subsequent case provides that the legal status of an inconsistent national measure were not the issue whether Community law should prevail. This particular decision of the Court gave rise to the serious conflict between the German Constitutional Court and the Court of Justice. Even thought the ECJ has wanted to avoid any direct constitutional conflict with a national court, Germany has never withdrawn its claims. In German cases of the Solange I and Solange II the German Constitutional Court showed concerns for the protection of fundamental rights. Also, the Kompetenz-Kompetenz doctrine has been introduced by the same court first in Kloppenburg and then in Maastricht decision. Eventually, the Bundesverfassungsgericht, stepped back by deciding to put ‘in stand by' its power to review secondary community legislation. The ground for its decision can be found in protection of fundamental rights as the level of protection in the European Union was found to be satisfactory.
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

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