Primacy of EU Law over National Law

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The most salient features of the new "Constitution for Europe," which was finalized in 2004, are the provisions on the so-called Community Method and on "subsidiarity." For the first time, the Constitution also gives European citizens the right to ask the Union to launch initiatives.


Regulations are laws with general application, such that member states are under no strict liability to adopt them into national law. In the case of directives, that obligation is unconditional on the part of member states, although they can choose the form and methods by which to implement an EC directive 2.
These provisos in the new EU Constitution are highlighted by this paper in its discussion of how to bring law and order to European countries if the EU law relevant to a particular case contravenes the national law of a member state; if an EC regulation favors one national group over another; or if an EC law that could bolster a local case has no equivalent version in the member state that is hearing the case. In so doing, the paper presents two make-believe cases involving consumer welfare promotion and environmental protection, two areas of concern high on the agenda of the new Constitution as embodied in Article II-62 and Article II-97, respectively. Both areas need state legislation to give them real substance.
In 2006, EC issued E ...
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