This essay explores the extent to which there is there a contrast between how the supremacy of EU law has been viewed from the perspective of the Court of Justice of the European Union and the perspective of national courts, with reference to relevant case law on the relationship between EU law and...
Legal Foundations of the European Union
Summative Assessment 2022/23: Essay
Grade Received: 68 (2:1)
Question: To what extent is there a contrast between how the supremacy of EU law has been
viewed from the perspective of the Court of Justice of the European Union and the perspective
of national courts? Critically discuss the issue with reference to relevant case law on the
relationship between EU law and national law.
The supremacy of European Union (EU) law is a fundamental principle of the EU legal
system and has generally been recognized and upheld by the Court of Justice of the European
Union (CJEU) and the national courts.1 This essay will critically discuss the scope of
1
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, difference between the perspectives on supremacy of both the CJEU and national courts, by
providing examples of relevant case law, as well as academic references, and highlighting
comparisons of different national courts. This essay also presents the argument that, while on
the surface most Member States recognize the principle of supremacy as important, there are
instances in which national courts are apprehensive to fully apply EU law.
The Doctrine of EU Law Supremacy and the CJEU’s Perspective
The doctrine of supremacy provides that, in cases where EU law is relevant before a
national court, it has direct effect and must be applied over conflicting national law.2 This
doctrine is not explicitly laid out in the EU Treaties, rather, it is a judicial concept of
teleological reasoning that has been reinforced through case law. 3
The CJEU is primarily responsible for ensuring that EU law is applied consistently
throughout all the MS and settling any conflicts that may arise between national courts and
EU institutions. 4 To preserve the CJEU, it relies on the MS to aid in the fulfilment of its role.
This is rooted in the principle of sincere cooperation and further reflected in Article 4(3) of the
Consolidated Version of the Treaty on European Union [2012] OJ C326/1 (TEU), where the
MS are obliged to fulfil all tasks arising from the EU Treaties or acts of the union’s institutions
(including the CJEU).5
The CJEU made its’ stance on supremacy clear through case law. This was first seen
in Van Gend & Loos,6 which concerned whether individuals could challenge national laws that
conflicted with Community law (now EU law). It was held that Community law had direct
effect and national courts were obliged to apply it. Similarly, Costa v ENEL7 is considered a
legal revolution, where the European Court of Justice (ECJ), stated that it was ‘impossible’ for
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