The Supremacy Of European Union Law Essay

The Supremacy Of European Union Law Essay

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The main issue in the question concerns the supremacy of European Union Law (EU) and the constitutional difficulties of parliamentary sovereignty. The basic meaning of supremacy provides that in cases where EU law is relevant to a case before national courts, EU law is 'supreme ' over national law. Wherever there is a conflict between national law of a member state and EU law itself, it is EU law that prevails.
The Court of Justice has developed reasons and logic for supremacy of EU law and this was affirmed in the case of Van Gend en Loos1 . Supremacy is the key doctrine which ensures the enforceability of legal order, as well as the uniform interpretation of EU legal provisions. This was further confirmed in authority Costa v ENEL2, in this case the issue was raised of whether national court should refer to the Court of Justice. In reaching its decision, the court identified the wording of Article 2883 which confirmed supremacy taking precedent over national law also and identifies the concept of direct applicability of Regulations and its autonomous nature. As a result, EU law...

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