National Law

National Law in Europe

Interaction Between Union Law and National Law

Content about National Law from the publication “The ABC of European Union law” (2010, European Union) by Klaus-Dieter Borchardt.

This aspect of the relationship between Union law and national law covers those areas where the two systems complement each other. Article 4(3) of the TEU is clear enough:

Context of National Law in the European Union

‘Pursuant to the principle of sincere cooperation, the Union and the Member States shall, in full mutual respect, assist each other in carrying out tasks which flow from the Treaties. The Member States shall take any appropriate measure, general or particular, to ensure fulfilment of the obligations arising out of the Treaties or resulting from the acts of the institutions of the Union. The Member States shall facilitate the achievement of the Union’s tasks and refrain from any measure which could jeopardise the attainment of the Union’s objectives.’

More about National Law in the European Union

This general principle of sincere cooperation was inspired by an awareness that the EU legal order on its own is not able to fully achieve the objectives pursued by the establishment of the EU. Unlike a national legal order, the EU legal order is not a self-contained system but relies on the support of the national systems for its operation. All three branches of government – legislature, executive and judiciary – therefore need to acknowledge that the EU legal order is not a ‘foreign’ system and that the Member States and the Union institutions have established indissoluble links between themselves so as to achieve their common objectives. The EU is not just a community of interests; it is a community based on solidarity. It follows that national authorities are required not only to observe the Union Treaties and secondary legislation; they must also implement them and bring them to life. The interaction between the two systems is so multifaceted that a few examples are called for.

Other Aspects

The first illustration of how the EU and national legal orders mesh with and complement each other is the directive, already considered in the chapter on legislation. All the directive itself fixes in binding terms is the result to be achieved by the Member State; it is for national authorities, via domestic law, to decide how and by what means the result is actually brought about. In the judicial field, the two systems mesh through the preliminary ruling procedure referred to in Article 267 of the TFEU, whereby national courts may, or sometimes must, refer questions on the interpretation and validity of Union law to the Court of Justice, whose ruling may well be decisive in settling the dispute before them. Two things are clear: firstly, the courts in the Member States are required to observe and apply Union law; and secondly, the interpretation of Union law and declarations as to its validity are the sole preserve of the Court of Justice. The interdependence of EU and national law is further illustrated by what happens when gaps in EU law need to be filled: Union law refers back to existing rules of national law to complete the rules it itself determines. This principle applies to the full range of obligations under Union law unless the latter has laid down rules for its own enforcement. In any such case, national authorities enforce Union law by the provisions of their own legal systems. But the principle is subject to one proviso: the uniform application of Union law must be preserved, for it would be wholly unacceptable for citizens and undertakings to be judged by different criteria – and therefore be treated unjustly.


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