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GLOSSARY

EU supremacy definition

Published by a LexisNexis EU Law expert

What does EU supremacy mean?

Supremacy is an EU law principle by which EU law takes precedence over a national law when there is a conflict between them.

In Costa v Enel (Case C-6/64), the European Court of Justice proclaimed the primacy of EU law over national laws. When there is a conflict between Union law and domestic law, the national court concerned is required to render the conflicting provision of the domestic law inapplicable, and instead apply EU law. While they have generally accepted the supremacy of Union law, most Member States have not accepted the supremacy of Union law over national constitutional law. Supremacy had no legal foundations when it was developed by the European Court of Justice; it has been enshrined in the Treaties with Declaration 17 concerning primacy annexed to the Lisbon Treaty.

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The supremacy of EU law

Scope of supremacyAs originally drafted, the EU Treaties did not include any provision by which the supremacy, or as it is alternatively referred to, the primacy of EU law was guaranteed. Overwhelmingly, the application of the principle of supremacy by the Court of Justice has guaranteed the uniform application of EU law across the Member States and without this principle, EU law would be devoid of its integrative effect.The principle of supremacy is therefore a judicial development and the commitment of the Court of Justice to upholding this principle is the single most identifiable reason why EU law has secured sophisticated and deep integration between the Member States. The principle of supremacy has been developed and established by the Court of Justice in a series of key cases, wherein the Court of Justice and national courts have sought to define the relationship between European law and national law and also national constitutional law.It is therefore also important to understand the important contribution of national courts to upholding the principle of...

The supremacy of EU law

The supremacy of EU law Scope of supremacy As originally drafted, the EU Treaties did not include any provision by which the supremacy, or as it is alternatively referred to, the primacy of EU law was guaranteed. Overwhelmingly, the application of the principle of supremacy by the Court of Justice has guaranteed the uniform application of EU law across the Member States and without this principle, EU law would be devoid of its integrative effect. The principle of supremacy is therefore a judicial development and the commitment of the Court of Justice to upholding this principle is the single most identifiable reason why EU law has secured sophisticated and deep integration between the Member States. The principle of supremacy has been developed and established by the Court of Justice in a series of key cases, wherein the Court of Justice and national courts have sought to define the relationship between European law and national law and also national constitutional law. It is therefore also important to understand the material contribution...

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