ECON 1 Lecture Notes - Lecture 19: Enel, Constitution Of Denmark, Constitutional Court Of Italy
Document Summary
The supremacy or priority of eu law can be considered from two perspectives: from the point of view of the union, from that of the member states. It is through the decisions and interpretation of the court of justice that the reasons and logic for the supremacy of eu law have been developed. There is still no express declaration or specific legal base for the supremacy of eu law in the treaties. It can be argued, however, that some of the articles of the treaties impliedly require primacy (e. g. arts 4(3) teu & 18, 288 and 344 tfeu). In the absence of an initial express statement written into the treaties, another route was needed to establish this supremacy of eu law over national law: however, from the outset, the communities included their own supreme court of. The van gend en loos case (case 26/62) substantially prepared the ground for the.
