Q2. Supremacy

Supremacy is a tricky question. This guide is sponsored by: Abogados de accidentes florida

Since the Treaty of Rome 1957, questions have been raised concerning the effect of community law upon national law. In this conflict what should take precedence? Under Article 249 EC, Regulations were noted to be directly applicable. Article 292 EC, disputes which had conflict were to be had only to Community dispute settlement methods. In addition Article 10 EC, MS are under a duty to refrain from adopting measures which would compromise the attainment of the objectives of the treaty.

European Court of Justice held that the law of European community should have supremacy over conflicting national law. The judgement of the Van Gend En Loos case emphasises the nature of community law. The judgment is significant as it sets out the courts view of the legal order created by treaty of Rome. It is based upon the idea that MS have limited their sovereign rights in certain areas.

Establishing supremacy of community law, while the Van Gend did not explicitly establish the supremacy of community law over national law, its significance to the development of the principles lies in the view taken by EC of the “special” nature of the legal order created by EC treaty. This vision was advanced in the Costa case where it marked the first statement of confirmation by the Court of justice that community law does in fact enjoy supremacy over conflicting national law.

All sources of community law enjoy supremacy over conflicting national law. This means directives, regulations and decisions all have it too.

It was affirmed in the Costa case that community law has supremacy over all conflicting forms of national law.

If there is a conflict the domestic rule in question must be set aside. Illustrated in R v Sec of State, the European court held that a provision of national law which may potentially conflict with community law may be temporarily set aside until a full judgement could be given on the issue.

Community law enjoys supremacy over national law, supremacy requires there to be a conflict between community and domestic law, the doc of supremacy applies over all provisions of national law, as a consequence of the operation of supremacy, validity of community law can be judged only by community courts. National courts are not permitted to review validity.