The supremacy of EU law

Produced in partnership with Adam Cygan of University of Leicester

Practice notes

The supremacy of EU law

Produced in partnership with Adam Cygan of University of Leicester

Practice notes

Scope of supremacy

As originally drafted, the EU Treaties did not include any provision by which the supremacy, or as it is alternatively referred to, the primacy of EU law was guaranteed. Overwhelmingly, the application of the principle of supremacy by the Court of Justice has guaranteed the uniform application of EU law across the Member States and without this principle, EU law would be devoid of its integrative effect.

The principle of supremacy is therefore a judicial development and the commitment of the Court of Justice to upholding this principle is the single most identifiable reason why EU law has secured sophisticated and deep integration between the Member States. The principle of supremacy has been developed and established by the Court of Justice in a series of key cases, wherein the Court of Justice and national courts have sought to define the relationship between European law and national law and also national constitutional law.

It is therefore also important to understand the important contribution of national courts to upholding the principle of supremacy

Adam Cygan

University of Leicester

Professor Adam Cygan is Professor of European Union Law at the University of Leicester. His research focuses on institutional and constitutional governance within the Internal Market with a particular emphasis upon the legislative process. Professor Cygan has published extensively on the role of national parliaments in EU decision-making and his research challenges core assumptions within EU integration concerning the constitutional principles of accountability and democracy. In particular, his research has examined the contribution made by parliamentary committees to improving accountability within EU governance. Professor Cygan also has also published extensively on governance issues surrounding the operation of the Internal Market including access to healthcare and free movement of persons. Professor Cygan has significant experience of delivering elite-level consultancy and training to a variety of target groups including members of the judiciary, civil servants, policy makers and legislators. He has worked on a diverse range of projects developing institutional capacity and instructing on best practice for civil servants and parliamentarians. This includes recent EU Commission projects in Albania and Azerbaijan as well as projects funded by the UK Foreign Office in Egypt and Libya which involved the establishment of oversight and scrutiny committees in countries seeking democratic transition. Professor Cygan has key communication, organisational and analytical skills that are required for provision of expertise and consultancy as well as extensive experience of producing training manuals and organising and delivering face to face training.

Jurisdiction(s):

European Union

Key definition:

Indirect effect definition

What does Indirect effect mean?

Indirect effect is a legal doctrine developed by the Court of Justice of the European Union (CJEU) requiring national courts to interpret as far as possible national law in conformity with EU law provisions.

UU��ֱ��