Author: *Dr Sharifullah Dorani
Original Publication: Political Reflection
Date of Publication: 19 January 2020
Photo credit: Patrick Jaksic/Pexels
Key Comment
This essay examines the European Court of Justice’s (ECJ) doctrine of the supremacy of EU law over national law. Its relevance to International Relations lies in showing how EU legal authority shapes sovereignty, inter-state cooperation, and the balance of power between supranational institutions and member states. Understanding this is crucial for analysing EU integration, Brexit, nationalist movements, and debates on international governance and compliance with supranational law.
Summary of the Article
Introduction: What Has Been the ECJ’s Response Regarding the Supremacy of EU Law?
The notion of the supremacy of European Union (EU) law has been developed by the European Court of Justice (ECJ), formally known as the Court of Justice of the European Union. This essay examines how and why the ECJ has done so, and the reasoning it has advanced. Future essays will focus on member states’ responses to the supremacy of EU law, examining the United Kingdom (UK), Germany, and France.
These essays are relevant to both Law and International Relations courses because the EU’s legal supremacy intersects with national sovereignty, public opinion, and political power. Rising nationalism, Brexit debates, and broader populist trends underscore the international significance of EU law.
The ECJ’s Landmark Rulings Regarding Supremacy
This and future essays will analyse the ECJ’s reasoning for the supremacy of EU law and how national courts respond. These contrasting perspectives are vital for understanding the legal and political debates surrounding the European Union. The analysis also covers public opinion in member states and examines whether opposition to EU legal authority is constructive or counterproductive.
Although EU treaties do not explicitly declare supremacy, the ECJ has consistently held that it is implied. In Van Gend en Loos (1936), the Court recognised EU law as a new legal order with direct effect for both states and citizens. Costa v ENEL (1964) firmly established the doctrine of supremacy, arguing that EU law creates an independent legal system integrated into member states’ courts and institutions. The Court stressed that EU law must remain uniform and effective across all member states, even if domestic laws conflict.
In Internationale Handelsgesellschaft (1970), the ECJ clarified that EU law cannot be judged against national constitutions, highlighting that national courts must enforce EU law regardless of domestic legal provisions. Cases such as Commission v Italy (1972) and Simmenthal (1978) further reinforced that national courts or administrative agencies must immediately disregard laws incompatible with EU law. These rulings illustrate the ECJ’s quasi-constitutional role in safeguarding the uniformity of EU law.
The ECJ’s approach has parallels with early US Supreme Court doctrines that established federal supremacy over state law. However, critics argue that the EU remains an international organisation rather than a federal polity, complicating the relationship between EU law and national constitutional systems.
Conclusion
The ECJ has consistently maintained that EU law takes precedence over national law, ensuring uniformity and effectiveness throughout member states. National judges face the challenge of reconciling constitutional rules with EU legal obligations. Future essays will examine how member states’ judiciaries respond to EU law supremacy and the implications for sovereignty, legal integration, and political legitimacy.
➡Link to the article: The Supremacy of EU Law over National Law: The ECJ’s Perspectives
*Dr Sharifullah Dorani holds a PhD from Durham University on America’s Afghanistan War, a Master of Laws from University College London, and a degree in law from the University of Northampton, all in the UK. He is the author of numerous scholarly articles and two acclaimed books: The Lone Leopard, a novel set in Afghanistan, and America in Afghanistan, published by Bloomsbury Publishing. He is the founder of CEPSAF and serves as the South Asia and Middle Eastern Editor at CESRAN International. All of Dr Dorani’s work is written to the highest academic standards, is widely indexed through Google Scholar, and is available in the libraries of hundreds of institutions worldwide, including Oxford and Harvard.