The primacy of European Union law is the principle that EU law takes precedence when it conflicts with national law in areas governed by EU law. This lesson introduces the principle, its purpose, and the landmark reasoning in Costa v. ENEL.
Primacy, also called supremacy or precedence, means that a conflicting national rule must not prevent the application of applicable EU law. The principle concerns the relationship between the two legal orders; it does not mean that EU law governs every subject or that every EU rule can automatically be relied upon by an individual.
All flashcards
Primacy of EU law
When applicable EU law conflicts with national law, the national rule must not obstruct the EU rule's effect.
Primacy and direct effect
Primacy concerns which rule takes priority in a conflict; direct effect concerns whether an individual can rely on a particular provision in national court.
Costa v. ENEL
The CJEU described EU law as an independent legal order that domestic provisions could not override without undermining its character and the Union's legal basis.
The Solange approach
The German Constitutional Court reserved a safeguard while refraining from reviewing individual EU acts when EU fundamental-rights protection remained substantially comparable.
Retained EU-law supremacy after Brexit
The Retained EU Law (Revocation and Reform) Act 2023 ended its special interpretive status in the UK from 1 January 2024.
Quiz questions
What procedural requirement did the CJEU reject in Simmenthal?Answer: A national court need not await repeal or prior invalidation before setting aside a conflicting national rule.
What duty did the CJEU establish in Marleasing?Answer: Interpret national law, so far as possible, in a way that avoids conflict with relevant EU law.
What position did the German court take in Solange II?Answer: It would refrain from reviewing individual EU acts while EU rights protection remained substantially comparable.
What did Declaration 17 of the Treaty of Lisbon do?Answer: It recalled the CJEU's established case law on primacy without reproducing proposed Article I-6.
What did the House of Lords accept in Factortame during UK membership of the EU?Answer: UK courts could disapply Acts of Parliament conflicting with directly enforceable EU law.