Supremacy of Eu Law
State sovereignty and supremacy of European Union law are traditionally seen as fundamentally opposite in nature. The rights of states to deal with national issues internally, in compliance with national law, versus the obligation on states to subordinate national law to Community law.
Where it is contained:
Historically the EEC treaty contained no provision dealing with the concept of supremacy of Community law over the national law of member states. In fact, treaties were generally silent as to the nature of the relationship between EU law and national law except for a general obligation contained in article 4 (3) TEU which states:-
“‘Pursuant to the principle of sincere …show more content…
This was challenged in the national courts as contravening article 28 (ex 30) which prohibited the imposition of quantitative restrictions or measures having equivalent effect as quantitative restrictions on imports (MEEQR’s). The case was referred to the ECJ and in the decision it was stated that “the constitutional treaty provides for supremacy of community law over national law as follows ‘the constitution and laws adopted by institutions of the union in exercising competences conferred on it shall have primacy over the law of member states’”
Irish position and case law:
The Irish position within the European Union is contained under article 29.4-29.11 of our constitution. These provisions provide a constitutional basis on which we are allowed to be a member of the EU. Providing for the ratification of new treaties and certain derogations from particular treaty provisions for example article 42 of the treaty in relation to a common defence structure as this would contravene Irelands historical neutrality stance. Stating also that no provision of the constitution invalidates EU law.
The Irish position is also governed by the European community’s act 1972 which came into force on January 1st