Primacy of EU Law Over National Law

Extract

[...] This report may give rise to additional instructions or joined cases. The president may also decide to refer the matter to a chamber of 3 or 5 judges. 2. Oral Phase It includes the reading of the rapporteur judge's report, the hearing of the parties and the conclusions of the Advocate General. It is also possible to hear witnesses, although this depends on the case. §5: Appeal against the decisions of the Court The Court of the EU, which is a court of first instance, can make decisions against which it is not possible to appeal, except in exceptional circumstances. [...]

[...] The Court has here applied the principle of loyal cooperation strictly. 2. Transposition and application of EU law Member States are required to transpose European directives into their internal law within a given deadline. If the transposition is incomplete or late, this constitutes a breach of the obligations imposed by the EU, and the State risks sanctions. When a directive is adopted, member states generally have 2 years to transpose it into their national law, unless specific provisions apply. - Exception : A State can invoke force majeure grounds to explain a delay in transposition, but it must provide solid evidence. [...]

[...] The general principles of EU law (General Principles of Law) also take precedence over national law as soon as the EM acts within the framework of European lawCJ, 'Wachauf', 1989). Primacy of national norms Since the judgment 'Costa v Enel', the CJEU has confirmed that EU law prevails over all national norms, regardless of their origin, nature or date of adoption. The primacy concerns all national norms, including the constitutional acts of the Member States, as in the case 'Kreil' where a European directive has prevailed over the German Basic Law. [...]

[...] The goal is simple: to ensure uniformity of EU law in all member states. It smells like perfect coordination. The drafters of the Rome Treaties (1957), who, as visionaries, established the preliminary ruling, a necessary tool for homogenizing the interpretation and application of EU law. Regardless of the judge or tribunal, EU law must shine in the same way everywhere in the Union. This is what Article 267 of the TFEU consecrates. This mechanism is based on a genuine dialogue between the national judge and the CJEU, a correspondence between two icons. [...]

[...] Judicial review of the conformity of national law with the law of the European Union National law cannot contradict the law of the European Union. National courts have the responsibility to ensure this conformity. If a national judge finds that the internal legislation is contrary to European law, he must suspend its application and refer the case to the CJEU. Case 'Simmenthal' October 1978 : A historic ruling that reminds us that the primacy of European law is absolute and that it is up to national judges to ensure its good application, even if it goes against national legislation. [...]