9. The Relationship Between EU Law and National Law:

2015 ◽  
Author(s):  
Paul Craig ◽  
Gráinne de Búrca
Keyword(s):  
Legal Order ◽  
Common Market ◽  
European Court Of Justice ◽  
Eu Law ◽  
National Courts ◽  
Court Of Justice ◽  
European Court ◽  
The Relationship ◽  
Academic Debate

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter discusses the doctrine of supremacy of EU law, which was developed by the European Court of Justice (ECJ) based on its conception of the ‘new legal order’. The ECJ ruled that the aim of creating a uniform common market between different states would be undermined if EU law could be made subordinate to national law of the various states. The validity of EU law can therefore, according to the ECJ, never be assessed by reference to national law. National courts are required to give immediate effect to EU law, of whatever rank, in cases that arise before them, and to ignore or to set aside any national law, of whatever rank, which could impede the application of EU law. Thus, according to the ECJ, any norm of EU law takes precedence over any provision of national law, including the national constitutions. This broad assertion of the supremacy of EU law has not however been accepted without qualification by national courts, and the chapter examines the nature of the qualifications that have been imposed by some national courts.

10. The Relationship Between EU Law and National Law: Supremacy

EU Law ◽  
2020 ◽  
pp. 303-352
Author(s):  
Paul Craig ◽  
Gráinne de Búrca
Keyword(s):  
Legal Order ◽  
Common Market ◽  
European Court Of Justice ◽  
Eu Law ◽  
National Courts ◽  
Court Of Justice ◽  
European Court ◽  
The Uk ◽  
The Relationship ◽  
Academic Debate

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter discusses the doctrine of supremacy of EU law, which was developed by the European Court of Justice (ECJ) based on its conception of the ‘new legal order’. The ECJ ruled that the aim of creating a uniform common market between different states would be undermined if EU law could be made subordinate to national law of the various states. The validity of EU law can therefore, according to the ECJ, never be assessed by reference to national law. National courts are required to give immediate effect to EU law, of whatever rank, in cases that arise before them, and to ignore or to set aside any national law, of whatever rank, which could impede the application of EU law. Thus, according to the ECJ, any norm of EU law takes precedence over any provision of national law, including the national constitutions. This broad assertion of the supremacy of EU law has not however been accepted without qualification by national courts, and the chapter examines the nature of the qualifications that have been imposed by some national courts. The UK version contains a further section analysing the relevance of the supremacy of EU law in relation to the UK post-Brexit.

10. The Relationship Between EU Law and National Law: Supremacy

EU Law ◽  
2020 ◽  
pp. 314-366
Author(s):  
Paul Craig ◽  
Gráinne de Búrca
Keyword(s):  
Legal Order ◽  
Common Market ◽  
European Court Of Justice ◽  
Eu Law ◽  
National Courts ◽  
Court Of Justice ◽  
European Court ◽  
The Uk ◽  
The Relationship ◽  
Academic Debate

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter discusses the doctrine of supremacy of EU law, which was developed by the European Court of Justice (ECJ) based on its conception of the ‘new legal order’. The ECJ ruled that the aim of creating a uniform common market between different states would be undermined if EU law could be made subordinate to national law of the various states. The validity of EU law can therefore, according to the ECJ, never be assessed by reference to national law. National courts are required to give immediate effect to EU law, of whatever rank, in cases that arise before them, and to ignore or to set aside any national law, of whatever rank, which could impede the application of EU law. Thus, according to the ECJ, any norm of EU law takes precedence over any provision of national law, including the national constitutions. This broad assertion of the supremacy of EU law has not however been accepted without qualification by national courts, and the chapter examines the nature of the qualifications that have been imposed by some national courts. The UK version contains a further section analysing the relevance of the supremacy of EU law in relation to the UK post-Brexit.

13. Preliminary Rulings

2015 ◽  
Author(s):  
Paul Craig ◽  
Gráinne de Búrca
Keyword(s):  
Direct Effect ◽  
National Court ◽  
European Court Of Justice ◽  
Eu Law ◽  
The European Union ◽  
Legal Norms ◽  
National Courts ◽  
Court Of Justice ◽  
European Court ◽  
Academic Debate

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter focuses on Article 267 of the Treaty on the Functioning of the European Union, which contains the preliminary ruling procedure. Article 267 has been of seminal importance for the development of EU law. It is through preliminary rulings that the European Court of Justice (ECJ) has developed concepts such as direct effect and supremacy. Individuals assert in national courts that the Member State has broken a Union provision, which gives them rights that they can enforce in their national courts. The national court seeks a ruling from the ECJ whether the particular EU provision has direct effect, and the ECJ is thereby able to develop the concept. Article 267 has been the mechanism through which national courts and the ECJ have engaged in a discourse on the appropriate reach of EU law when it has come into conflict with national legal norms.

Data Protection in EU Law

2011 ◽  
pp. 273-297 ◽  
Author(s):  
Maria Tzanou
Keyword(s):  
Data Protection ◽  
Fundamental Rights ◽  
European Court Of Justice ◽  
Eu Law ◽  
National Courts ◽  
Court Of Justice ◽  
European Court ◽  
Data Protection Directive ◽  
Data Flows ◽  
Court Of First Instance

This chapter aims to discuss the possibilities and limitations of the EU to provide for an effective and comprehensive data protection regime. In this respect, it presents an analysis of the data protection rules in EU law by examining the relevant constitutional and secondary law framework. It analyzes the jurisprudence of the European Court of Justice and the Court of First Instance on data protection issues, and argues that the European Court of Justice has interpreted an internal market measure (the Data Protection Directive) in such a way so as to foster the protection of fundamental rights. However, when it comes to the balancing between fundamental rights the Court leaves the question to be resolved by national courts. Finally, the contribution assesses the transborder data flows regime established by the Data Protection Directive and attempts to draw some conclusions on whether the ‘adequate protection’ test ensures a high protection in such flows.

Die Durchbrechung der Rechtskraft nationaler Zivilgerichtsurteile zu Gunsten des unionsrechtlichen "effet utile"?

2019 ◽  
Author(s):  
Catharina Voß
Keyword(s):  
Public Procurement ◽  
European Court Of Justice ◽  
Eu Law ◽  
The European Union ◽  
Procedural Law ◽  
National Courts ◽  
Court Of Justice ◽  
European Court ◽  
Further Development ◽  
Additional Reason

This book examines allowing the legal force of national judgements to be overturned in favour of the priority law of the European Union, which has been relevant for both procedural practice and academic discourse since the ‘Klausner-Holz’ ruling by the European Court of Justice in 2015. In addition to an overview of the state of the current jurisprudence of the European Court of Justice, the book also offers solutions to the effective enforcement of European priority law through an autonomous concept of the matter in dispute which is in line with EU law, the creation of an additional reason for restitution or a larger submission in practice by national courts. Judges, lawyers, academics and politicians who have to deal with the application or further development of national procedural law in connection with legal fields relevant to EU law, such as the EU’s state aid and public procurement law, antitrust law or competition law, will benefit enormously from reading this book.

Revisiting the European Court of Justice

1998 ◽  
Vol 52 (1) ◽  
pp. 177-209 ◽  
Author(s):  
Walter Mattli ◽  
Anne-Marie Slaughter
Keyword(s):  
European Court Of Justice ◽  
Regulatory Agencies ◽  
National Courts ◽  
Court Of Justice ◽  
European Court ◽  
Lively Debate ◽  
Private Actors ◽  
The Relationship ◽  
Supranational Institutions ◽  
The Eu

The European Court of Justice (ECJ) is widely recognized not only as an important actor in the process of European integration but also as a strategic actor in its own right. In the last four years the literature on the Court has dramatically expanded, nourishing a lively debate between neofunctionalists and intergovernmentalists. But this debate has now reached the limits of its usefulness. Both neofunctionalism and intergovernmentalism neglect the range of specific motives and constraints shaping the behavior of individual litigants and national courts; further, both insist on modeling the state as a unitary actor. New scholarship on public interest and corporate litigants in the EU and on the relationship between the ECJ and national courts highlights these failings. Reviewing the literature, this essay develops a model of the legal integration process that encompasses disaggregated state actors—courts, regulatory agencies, executives, and legislatures—interacting with both supranational institutions and private actors in domestic and transnational society. It distills new data and theoretical insights to specify the preferences of some of these actors and the constraints they face in implementing those preferences.

‘A Missing Piece of European Emergency Law: Legal Certainty and Individuals’ Expectations in the EU Response to the Crisis’

2016 ◽  
Vol 12 (2) ◽  
pp. 265-293 ◽  
Author(s):  
Pablo Martín Rodríguez
Keyword(s):  
International Law ◽  
European Court Of Justice ◽  
Eu Law ◽  
Legal Certainty ◽  
National Courts ◽  
Court Of Justice ◽  
European Court ◽  
Legitimate Expectations ◽  
Mixed Nature ◽  
The Eu

The principle of legal certainty and legitimate expectations as a legal tool for individuals in EU law – the mixed nature of EU emergency law: the ‘conferral principle’ limitation and the ways to expand executive powers in the EU response to the crisis (Pringle,ESMA,BPP,OMT) – the existence of legal certainty failures in that response: unpredictable and disjointed legislation and adjudication – arguments blurring legal certainty as the standard of review for EU emergency law: conditionality, international law and indirect legislation – the self-restraint attitude of the European Court of Justice and the risks of leaving litigation under the sole remit of national courts: normalising emergency powers and EU law autonomy at stake

5. Supremacy of EU law

2020 ◽  
pp. 131-152
Author(s):  
Nigel Foster
Keyword(s):  
European Union ◽  
Czech Republic ◽  
European Court Of Justice ◽  
Eu Law ◽  
Member States ◽  
The Czech Republic ◽  
Court Of Justice ◽  
European Court ◽  
The Relationship ◽  
The Eu

This chapter focuses on the supremacy of European Union (EU) law over the law of the member states and the relationship with international law. It suggests that the reasons and logic for the supremacy of the EU law have been developed through the decisions and interpretation of the European Court of Justice (CJEU) and provides relevant cases to illustrate the views of the CJEU on the superiority of EU law. It also considers the transfer and division of competences. This chapter also describes the reception and implementation of EU law in several member states, including Germany, Italy, France, the Czech Republic, Denmark, and Spain.

scholarly journals Putting European Constitutionalism in its Place: The Spatial Foundations of the Judicial Construction of Europe

2020 ◽  
pp. 1-22
Author(s):  
Tommaso Pavone
Keyword(s):  
Interdisciplinary Approach ◽  
European Court Of Justice ◽  
Legal Consciousness ◽  
Future Research ◽  
Eu Law ◽  
Reference Procedure ◽  
National Courts ◽  
Court Of Justice ◽  
European Court ◽  
Judicial Protection

The judicial dialogue between national courts and the European Court of Justice as a cornerstone of European constitutionalism – The importance of understanding how place-based identities shape national judges’ willingness to apply EU law and enter into dialogue with the European Court of Justice through the preliminary reference procedure – An interdisciplinary approach for studying lawyers and judges’ legal consciousness and sense of place-attachment – Geospatial and interview evidence of how national lawyers and judges’ participation in the preliminary reference procedure is influenced by their attachment to particular court settings and cities – Consequences for European constitutionalism and future research on the uneven judicial protection of EU rights.

Fighting for Authority: Strategic Actions of National High Courts in the European Union

2019 ◽  
Vol 12 (2-2019) ◽  
pp. 419-433
Author(s):  
Stefanie Vedder
Keyword(s):  
European Union ◽  
European Court Of Justice ◽  
Eu Law ◽  
The European Union ◽  
Principal Agent Theory ◽  
Strategic Actions ◽  
High Courts ◽  
Court Of Justice ◽  
European Court ◽  
Lower Courts

National high courts in the European Union (EU) are constantly challenged: the European Court of Justice (ECJ) claims the authority to declare national standing interpretations invalid should it find them incompatible with its views on EU law. This principle noticeably impairs the formerly undisputed sovereignty of national high courts. In addition, preliminary references empower lower courts to question interpretations established by their national ‘superiors’. Assuming that courts want to protect their own interests, the article presumes that national high courts develop strategies to elude the breach of their standing interpretations. Building on principal-agent theory, the article proposes that national high courts can use the level of (im-) precision in the wording of the ECJ’s judgements to continue applying their own interpretations. The article develops theoretical strategies for national high courts in their struggle for authority.

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