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Law of the European Union - Essay Example
Notwithstanding, that there are no express provisions regulating the issue of the supremacy between the community law and national law. The principle of supremacy or primacy of EC law has been developed by the Court of Justice. It is implicit in Case 26/62 Van Gend en Loos,1 which founded the doctrine of direct effect…
The doctrine of pre-emption differs from the Supremacy clause of EC law ruled in Costa v. ENEL4 in that the latter is a guide when two existing norms regulating the same thing are in conflict,5 whereas pre-emption consists in determining whether there is a conflict between a national measure, be it in application or decision, and a rule of Community law.
In a further step, in (Case 11/70) Internationale Handelsgesellschaft GmbH6, the Court held that Community law took precedence even over a fundamental rule in the German national constitution. The clearest statement of the implications of the supremacy of Community law came in (Case 106/77) Simmenthal SpA (No. 2)7 where the Court held that national courts, even a lowly court of first instance, have a duty to set aside provisions of national law, which are incompatible with EC law. There was no need to wait for the national law to be amended in line with national constitutional procedures: the national rule had to be set aside immediately if it conflicted with a directly applicable or directly effective Community provision. ...