Primacy

Primacy in Europe

Description of Primacy

The Concise Encyclopedia of the European Union describes primacy in the following terms: [1] The doctrine that Community law is superior to national law. The 1997 Treaty of Amsterdam went further, implying (in the protocol on subsidiarity) that Community law is also superior to national constitutions, a doctrine previously rejected by a number of EU member states, including Germany, France and Denmark. The view taken (or, in the words of the protocol, ‘developed’) by the European Court of Justice is that the Treaty of Rome created a new legal order which has precedence over all pre-existing or subsequent laws in the member states. The Treaty of Amsterdam confirmed that interpretation, emphasising the principle that ‘the Union shall provide itself with the means necessary to attain its objectives’. (See also Community law.)

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Notas y References

  1. Based on the book “A Concise Encyclopedia of the European Union from Aachen to Zollverein”, by Rodney Leach (Profile Books; London)

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