This chapter examines how EU law interacts with national legal systems. It first explains the default rules for the national application of EU law. It then focuses on three key principles: direct effect, indirect effect, and primacy. It considers requirements formulated with respect to procedures for the national enforcement of EU law and state liability for breaches of EU law. The chapter concludes with a case study, which illustrates the interplay between the rules and principles introduced in this chapter.
Chapter
6. The effects of EU law in the national legal systems
Michal Bobek
Chapter
10. The Relationship Between EU Law and National Law: Primacy
All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter discusses the doctrine of primacy of EU law, which was developed by the European Court of Justice (ECJ) based on its conception of the ‘new legal order’. The ECJ ruled that the aim of creating a uniform common market between different states would be undermined if EU law could be made subordinate to national law of the various states. The validity of EU law can therefore, according to the ECJ, never be assessed by reference to national law. National courts are required to give immediate effect to EU law, of whatever rank, in cases that arise before them, and to ignore or to set aside any national law, of whatever rank, which could impede the application of EU law. Thus, according to the ECJ, any norm of EU law takes precedence over any provision of national law, including the national constitutions. This broad assertion of the primacy of EU law has not, however, been accepted without qualification by national courts, and the chapter examines the nature of the qualifications that have been imposed by some national courts. The UK version contains a further section analysing the relevance of the primacy of EU law in relation to the UK post-Brexit.
Chapter
10. The Relationship Between EU Law and National Law: Primacy
All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter discusses the doctrine of primacy of EU law, which was developed by the European Court of Justice (ECJ) based on its conception of the ‘new legal order’. The ECJ ruled that the aim of creating a uniform common market between different states would be undermined if EU law could be made subordinate to national law of the various states. The validity of EU law can therefore, according to the ECJ, never be assessed by reference to national law. National courts are required to give immediate effect to EU law, of whatever rank, in cases that arise before them, and to ignore or to set aside any national law, of whatever rank, which could impede the application of EU law. Thus, according to the ECJ, any norm of EU law takes precedence over any provision of national law, including the national constitutions. This broad assertion of the primacy of EU law has not, however, been accepted without qualification by national courts, and the chapter examines the nature of the qualifications that have been imposed by some national courts. The UK version contains a further section analysing the relevance of the primacy of EU law in relation to the UK post-Brexit.
Chapter
Flaminio Costa v ENEL (Case 6/64), EU:C:1964:66, [1964] ECR 585, 15 July 1964
Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Flaminio Costa v ENEL (Case 6/64), EU:C:1964:66, [1964] ECR 585, 15 July 1964. The document also includes supporting commentary from author Noreen O'Meara.
Chapter
Internationale Handelsgesellschaft mbH v Einfuhr- und Vorratsstelle für Getreide und Futtermittel (Case 11/70), EU:C:1970:114, [1970] ECR 1125, 17 December 1970
Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Internationale Handelsgesellschaft mbH v Einfuhr- und Vorratsstelle für Getreide und Futtermittel (Case 11/70), EU:C:1970:114, [1970] ECR 1125, 17 December 1970. The document also includes supporting commentary from author Noreen O'Meara.
Chapter
Flaminio Costa v ENEL (Case 6/64), EU:C:1964:66, [1964] ECR 585, 15 July 1964
Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Flaminio Costa v ENEL (Case 6/64), EU:C:1964:66, [1964] ECR 585, 15 July 1964. The document also includes supporting commentary from author Noreen O’Meara.
Chapter
Internationale Handelsgesellschaft mbH v Einfuhr- und Vorratsstelle für Getreide und Futtermittel (Case 11/70), EU:C:1970:114, [1970] ECR 1125, 17 December 1970
Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Internationale Handelsgesellschaft mbH v Einfuhr- und Vorratsstelle für Getreide und Futtermittel (Case 11/70), EU:C:1970:114, [1970] ECR 1125, 17 December 1970. The document also includes supporting commentary from author Noreen O’Meara.
Chapter
6. The effects of EU law in the national legal systems
Michal Bobek
This chapter examines how EU law interacts with national legal systems. It starts by setting out the scope of application of EU law in the national legal system, when applied by national courts and administrative authorities. It explains the default rules for such national application of EU law: the principles of equivalence and effectiveness, as well as effective judicial protection of EU law based rights within the national legal systems. It then focuses on three key principles: direct effect, indirect effect, and primacy. It considers requirements formulated with respect to state liability for breaches of EU law. The chapter concludes with a case study, which illustrates the interplay between the rules and principles introduced in this chapter.
Chapter
6. (Legal) Primacy
This chapter assesses the ‘primacy’ of European law. When the European Union was born, the EU Treaties did not expressly mention the primacy of European law. Did this mean that primacy was a matter to be determined by each national legal order; or was there a European Union doctrine of primacy? There are two perspectives on the primacy question. According to the European perspective, all Union law prevails over all national law. This ‘absolute’ view is not, however, shared by the Member States. According to the national perspective, the primacy of European law is relative. The chapter considers the three national challenges to the absolute primacy of European law. The first arose in the context of fundamental rights. The second relates to the contested question of who is the ultimate arbiter of the scope of the European Union’s competences, while the third concerns the protection of the constitutional identity of the Member States.
Chapter
7. Doctrines of European Union law: direct effect, supremacy, state liability for breach of EU law and other remedies
This chapter examines the main doctrines or principles of EU law. It is divided into three sections. It starts with a discussion on the principle of direct effect and indirect effect, with reference to regulations, directives and international agreements. It then considers the doctrine of supremacy or primacy of EU law with reference to a selection of Member States and the UK. The chapter also considers state liability for breach of EU law, and other remedies.
Chapter
6. (Legal) Primacy
This chapter assesses the ‘primacy’ of European law. When the European Union was born, the European Treaties did not expressly mention the primacy of European law. Did this mean that primacy was a matter to be determined by each national legal order; or was there a European Union doctrine of primacy? There are two perspectives on the primacy question. According to the European perspective, all Union law prevails over all national law. This ‘absolute’ view is not, however, shared by the Member States. According to the national perspective, the primacy of European law is relative. The chapter then considers the two national challenges to the absolute primacy of European law. The first is the national claim asserting the relative primacy of European law in the context of fundamental human rights. The second is the contested question of who is the ultimate arbiter of the scope of the European Union's competences.
Book
Noreen O'Meara
Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. Essential Cases provides you with succinct summaries of some of the landmark and most influential cases in EU law. Each summary begins with a review of the main case facts and decision. The summary is then concluded with expert commentary on the case from the author, Noreen O'Meara., including her assessment of the wider questions raised by the decision.
Book
Noreen O'Meara
Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. Essential Cases provides you with succinct summaries of some of the landmark and most influential cases in EU law. Each summary begins with a review of the main case facts and decision. The summary is then concluded with expert commentary on the case from the author, Noreen O’Meara., including her assessment of the wider questions raised by the decision.
