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In other wor%s& there ha% !een a transfer of le(al s'ste"s !' Me"!er States fro"

$ational law to Co""#nit' law. As a conse1#ence& the ri(hts an% o!li(ations arisin(

#n%er the treat' carries with it a per"anent li"itation of their so)erei(n ri(hts&

a(ainst which a s#!se1#ent #nilateral act inco"pati!le with the concept of the

Co""#nit' cannot pre)ail.

 There are two practical e7ects of the principle of s#pre"ac'

8. conictin( national le(islation has to !e set asi%e9. the national :#%(e has to %o this on his own "otion.

 These clai"s of EC+s are e5a"ine% criticall' for the' "a' represent onl' a partial

state"ent of the a#thorit' of EU law. The real power in the Union re"ains ;r"l'

with the national a%"inistrations. The e5ec#tion or a%"inistration of EU law is a

"atter for %o"estic a#thorities an% national (o)ern"ents within Me"!er States.

A%"inistrati)e actors are central to not :#st enforce"ent of !#t also pop#lar

awareness an% acceptance of the a#thorit' of EU law.

4eclaration 8<

 There is no "ention of pri"ac' of EU law in the Treaties. =owe)er& 4eclaration 8<

attache% to the Treat' of Lis!on states

the treaties and the laws adopted by the Union on the basis of the

treaties have primacy over the laws of the Member States.

 This 4eclaration is essentiall' a co%i;cation of the EC+s two f#n%a"ental case law

r#lin(s COSTA  an% 2A$ 3E$4 E$ LOUS .

Opinion of the Co#ncil Le(al Ser)ice EU Co#ncil 4oc.888>

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 This %oc#"ent "erel' pro)i%es a reass#rance of the #ninterr#pte% contin#it' of 

pri"ac' principle& esta!lishe% in Costa. =owe)er& a !roa%er interpretation of this

%oc#"ent notes that this is the ;rst ti"e that the Costa case law has !een e5plicitl'

en%orse% an% rati;e% !' all Me"!er States. S#ch rati;cation s#((ests that the

pri"ac' of EU law can no lon(er !e rele(ate% to "erel' !ein( the )iew of the Co#rt

of +#stice. Instea%& pri"ac' now represents the political consens#s as to the stat#s

of EU law. $ational Co#rts wo#l% ha)e to ta*e into acco#nt this political )in%ication

when the' appl' the principle in f#t#re. If a national constit#tional law were to %en'

the pri"ac' of EU law& it wo#l% correspon%in(l' !e placin( itself in an instit#tionall'

isolate% position. 

Pri"ac' of EU Law

 The pri"ac' principle esta!lishe% in COSTA  ill#strate% EC+s %ecision in I$TER$ATIO$ALE 

=A$4ELS3ESELLSC=AFT & which state% that

+ecourse to the legal rules or concepts of national law in order to judge the validity 

of measures adopted by the institutions of the ommunity would have an adverse

e-ect on the uniformity and ecacy of ommunity law. )hen validity of such

measures can only be judged in the light of ommunity law……/ 

Moreo)er& this principle applies whene)er a conict appears !efore an' co#rt or

!o%'& which is co"petent to ta*e le(al %ecision.

 The EC+ in SIMME$T=AL  hel%

+……every national court must, in a case within its jurisdiction, apply ommunity 

law in its entirety and protect rights which the latter confers on individuals and

must accordingly set aside any provision of national law which may con0ict with it,

whether prior or subse1uent to "U law./

=owe)er& national constit#tional co#rts willin(l' (rant EU law a#thorit' pro)i%e%

that its not )iolatin( certain national ta!oos. Their assertion of national so)erei(nt'

is rather an assertion of the power to p#t #lti"ate safe(#ar%s into action rather

than an assertion of re(#lar control of the application of EU law 3AUWEILER .

E5cl#si)e Co"petence

In ;el%s of e5cl#si)e co"petence onl' the Union "a' le(islate& with Me"!er States

!ein( a!le to le(islate onl' if a#thoriBe% !' the Union or to i"ple"ent EU "eas#res.

Fro" a national perspecti)e this is the "ost %raconian of co"petences as it in)ol)es

a co"plete s#rren%er of :#ris%iction to the Union. The ;el%s of e5cl#si)e

co"petences are therefore li"ite%

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Li"its of EU Le(al So)erei(nt'

4octrine of Conferre% So)erei(nt'

ARTICLE  OF  T=E TREATY OF  T=E EUROPEA$ U$IO$ ,TEU- hol%s

8. )he limits of Union competences are governed by the principle of 

conferral……

9. Under the principle of conferral, the Union shall act only within the

limits of the competences conferred upon it by the Member States in

the )reaties to attain the objectives set out therein. ompetences not 

conferred upon the Union in the )reaties remain with the Member 

States.

Alon(si%e this& reference is "a%e to the sa"e principle in ARTICLE 8 OF  T=E TFEU

)his )reaty organi2es the functioning of Union and determines the

areas of delimitation of and arrangements for e*ercising its

competences.

 The principle of conferral powers e5presses two co"ple"entar' i%eals

8. the EU Treaties alone %eter"ine the "aterial li"itation of EU le(al a#thorit'.

EU instit#tions cannot act !e'on% the"& an% infor"al political

acco""o%ation !' national (o)ern"ents cannot %eter"ine the li"its of EU

law. The' ha)e to act within the para"eters of the Treaties in %eter"inin( the

re"it of EU law.

9. the EU has li"ite% (o)ern"ent. It is onl' to operate in speci;c con;ne%

;el%s. This was (i)en concrete e5pression in the Treat' of Lis!on& which set

o#t a catalo(#e of powers for the Union ARTICLE 9/ ARTICLE DG< TFEU.

 The Fi%elit' Principle

A re1#ire"ent on Me"!er States si"pl' not to !reach EU law wo#l% !e ins#Hcient

to sec#re the f#ll e7ecti)eness of the EU le(al s'ste". All le(al s'ste"s confer

responsi!ilities #pon p#!lic !o%ies to ens#re that the law is (enerall' applie%&

police% an% accessi!le an% that there are s#Hcient re"e%ies for !reach of the law.

 This is *nown in the Unite% States as the +delity principle/ . EU law sets o#t this

principle in ARTICLE ,D- OF  T=E TEU

…)he Member States shall ta3e any appropriate measure, general or 

 particular, to ensure fulllment of the obligations arising out of the

)reaties or resulting from the acts of the institutions of the Union…

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 This pro)ision applies not onl' to Me"!er States !#t also to the EU instit#tions&

which "#st cooperate with national !o%ies to sec#re the f#ll e7ecti)eness of EU

law.