Development of Doctrine of Supremacy of EU Law by ECJ

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THE DEVELOPMENT OF THE DOCTRINE OF SUPREMACY OF THE EU LAW BY
THE COURT OF JUSTICE
Type of Assignment
March, 12, 2019
2421 words
Name of Student
Name of Institution
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Table of Contents
Abstract............................................................................................................................................4
Introductory Remarks......................................................................................................................4
The supremacy of the European Union law....................................................................................5
Development of the doctrine of supremacy of the EU law from relevant case law........................5
Effectiveness....................................................................................................................................8
Conclusion.......................................................................................................................................9
References......................................................................................................................................11
List of Constitution....................................................................................................................11
Case Law....................................................................................................................................11
Articles and journals..................................................................................................................11
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Abstract
The European Union (EU) Law developed by the European Court of Justice (ECJ) is a separate
legal framework, different from the international law. The union does not have a codified
constitution but has laws that are the basis of governance of its members. The EU law is
constructed on the principles of reverence for human rights to include the rights of marginalized
groups, liberty, the rule of law, human dignity, equality and democracy.
Introductory Remarks
The Court of Justice (ECJ) is the highest judicature body whose role is to interpret the EU law
and develop it through case law. Through various case laws, for instance in the case of Van Gend
& Loos v Netherlands and Costa v E.N.E.L, the two cases are the main sources of the supremacy
of the EU law was developed. In Costa v ENEL, the ECJ established Union laws having
supremacy over the autochthonous laws of the member states. Any national law that infringes the
EU law is deemed non-applicable. The Treaty of European Union (TEU) and the Treaty of the
Functioning of the European Union (TFEU) are the main bases of the EU law1; TEU is more
concerned on democratic values, human rights and institutions’ regulations2. The supremacy of
the EU law means that it is the prime or the superior law applicable over its members’ domestic
law.3The supremacy is recognized as one constitutive doctrines that originate even before the
Europe Constitution was established and the treaty signed on 29 October 2004. Article 1-6 of the
Treaty provides for the preeminence of the Constitution and law assumed by the institution of the
EU above the local law of the members, clearly showing emphasis on its constructive importance
for the EU legal framework.4
This essay will provide a profound evaluation as to the development of the principle of
sovereignty of the EU law and the role of the ECJ to promote this development.
1 Terziev Venelin, Marlin Petkov, Dragomir Krastev,’Sources of European Union Law’Conference paper’ (July
2018):<https://www.researchgate.net/publication/326250271> accessed 12/03/2019.
2 Papageorgiou E,’The European Court of Justice and the Supremacy of the EC law,law officer of community
law’,The Law office of the Republic of Cyprus’. (2010)< https://www.scribd.com/document/145423532/The-
European-Court-of-Justice-and-the-Supremacy-of-Ec-Law>accessed 12/03/2019
3 Arigho Redmond, ‘The Supremacy of EU law;An inevitable Revolution or Federalism in Action?’ (2014)
13 JPR 7
4 Kathleen Weiler, European Constitutionalism beyond the State,7,8.(J.H.H Weiler & Marlene Wind
eds.2003)
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The supremacy of the EU law
The European Court of Justice has been pushing legal boundaries of union law since its
inception. Being the supreme judicial body, the ECJ is the main interpreter of the EU law. It has
developed the law through case law and has to review the Union’s legality on matters of
observance of the treaties. The ECJ also acts upon allegations of a violation of laws from the
union’s member states.
No provision of the TEU expressly contains a regulation on the principle of the supremacy when
it comes to the EU laws and the domestic laws of the member of the Union. However, under
Article 10 of the TEU, the EU law provides a duty on all the members to exercise and come up
with ways that ensure treaty’s provisions are met. In addition to that, the member states are to
refrain from any conduct that can endanger the attainment of the treaty’s goals.5 In instances
where there are a conflict of laws, involving the domestic laws and the European Union law, the
latter prevails. Supremacy is ranked with hierarchy inevitably. Thus, the concept of supremacy
only applies in a hierarchical legal framework, in which in this case laws are ranked from top to
bottom. It becomes a question of which law should prevail over the other when there is conflict
of laws. It would be ineffective if power to interpret the EU law was placed on the national
courts of the members. This is because each of the members’ states have different legal systems
and they would all interpret the laws differently causing chaos and disagreements in the Union.
Expansion of the doctrine of sovereignty of the EU law from relevant case law
In the famous Italian case of Costa v ENEL6 which presented a clash between the domestic laws
and the European Union Law relating to supremacy, Costa appeared before the court and
claimed that the law municipalizing creation of electricity was not well-matched with the TEU.
The court brought the case to the ECJ to provide its incite on the case. The court highlighted the
independent state of the European law and especially the limitation of competence as provided
under Article 2.2 of the EU Treaty and the Treaty of the Functioning of the EU.7 It states that
“competence shared with the member states from the Union’s treaties, the Union and the
member states may legislate and adopt legally binding acts in that area. The member states are to
exercise their competence to the extent that the union has not exercised theirs. The member states
5 Berski Adrian,’Which Doctrines has had the Bigger Impact on EU law, Direct or Supremacy?’ (Dublin
Institute of Technology, 7 June 2016)
6 Case C-6/64 Costa v ENEL [1964]ECR 585
7 Consolidated Versions of the Treaty of the Functioning of the EU, (2012) OJC-326/ 1.
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