The Principle of Primacy of EU Law before the Administrative Judge

Extract

[...] Even if the administrative judge agrees to set limits on the consequences induced by article 55 of the 1958 Constitution, it is bound by it. But the law of the European Union is so complex that texts resulting from it need a particularly specific interpretation: directives. Even if it can count on the help of organs such as the Court of Justice of the European Union. II. The administrative judge faces the particularities of European Union law The law of the European Union has been able to acquire a place of its own by the existence of community directivesA), and the Court of Justice of the European UnionB). [...]

[...] The CJEU has consecrated the principle of primacy in thedecision Costa v. ENEL of 15 July 1964. In this judgment, the Court declares that the law arising from the European institutions is integrated into the legal systems of the Member States, which are obliged to respect it. European law then has primacy over national rights. Thus, if a national rule is contrary to a European provision, the authorities of the Member States must apply the European provision. Thus, judges are increasingly faced with arguments based on European Union law. [...]

[...] However, France did not transpose the directive within the prescribed deadlines. Therefore, would Héloïse's cousin have been able to contest the validity of the mayor's decision refusing him a building permit by relying exclusively on the directive? The directive is defined by Article 288, paragraph of the Treaty on the Functioning of the European Union (TFUE) as the act that 'binds the recipient Member State as to the result to be achieved, while leaving the national authorities the power to implement the content and to determine the form and methods for achieving that result'. [...]

[...] This obligation may also lead Member States to eliminate national law provisions incompatible with the objectives of the directive. Finally, in accordance with Article 55 of the Constitution, directives aresubordinate to the Constitution, since they cannot produce legal effect if they are contrary to it, but they have aa higher value than the law, once they have been ratified or approved by the executive and are applied by the other signatory States (reciprocity clause). She therefore asks you if her grandfather could, at the time, have contested the validity of this individual act by relying exclusively on the said directive. [...]

[...] You suggest that she explain the concept of 'TRANSLATION' to you, but she is quite incapable of doing so, so it's up to you to do it. Finally, Héloïse is unable to define the notion of translation. Therefore, how can the notion of translation be defined? The translation is a notion derived by Mattias Guoymar in his conclusions under the Arcelor ruling (ECJ, Ass February 2007). It constitutes the 'operation' by which the Council of State controls the constitutionality of a decree implementing a directive through the control of validity of the latter. [...]