The European Parliament’s Committee on Legal Affairs (JURI) and the Committee on Constitutional Affairs (AFCO) have adopted a report arguing that the principle of primacy of EU law over national law should be explicitly included in the EU treaties.
The report was adopted with the support of 30 Members of the European Parliament and 9 votes against.
The principle of primacy is the cornerstone of the EU legal order, which is essential for the functioning of the EU. Although not expressly mentioned in the Treaties, it has developed through the case law of the Court of Justice of the European Union (CJEU).
– say the authors of the report.
They therefore recommended enshrining this principle in the EU treaties “to mitigate possible conflicts” and regretted that this was not the case in the Lisbon Treaty.
According to the Committee on Legal Affairs rapporteur, Yana Toom (Renew, Estonia), “the principle of primacy of EU law ensures that EU law has the same effect in all corners of Europe.”
The theory of the primacy of EU law over national law has long been the subject of controversy and discussion in the EU. The case law of many EU countries points to the superiority of the national constitutional order over that of the EU. Such rulings were issued, among others: in Poland, Germany, France, the Czech Republic, Italy, Spain and Lithuania.
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Source: wPolityce