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T13: PRINCIPLES OF EU LAW:
1.AUTONOMY: EU law is assumed to be an autonomous legal order which is related to international law and national law, but nevertheless distinct from both, and thus subject to its own logic.In Van Gend and Loos (case 26/62) the Court held that the EEC constitutes “a new legal order of international law” for the benefit of which the States have limited their sovereign rights. In Costa Enel (case 6/64) the Court stated that “By contrast with ordinary international treaties, the EEC treaty has created its own legal system2.SUPREMACY:Although some of the articles of EU Treaty impliedly require primacy, there is no express declaration of this principle in the Treaties. It is through the decisions and interpretation of the Court that the reasons and logic for the supremacy of EU law have been developed.supremacy of Community law in Costa v Enel. Van Gend and Loos was instrumental in affirming the CoJ’s jurisdiction in interpreting Community legal provisions, the object of which is to ensure uniform interpretation in the m.S and established direct effect of Community law in the national legal orders.
3.The Court expressly stated supremacy in case Costa Enel where a national law was claimed to be in conflict with the EEC Treaty. The Court ofJustice also established that Community (EU) law takes priority over all conflicting provisions of national law, whether passed before or after the Community (EU) measure in question.
4.In Simmenthal (106/77) the Court settled the consequences for national judges:a provision of EU law must be implemented as effectively as possible, held that a national Court must suspend national legislation that may be incompatible with EC law until a final determination on it compatibility has been made.
5. What about constitutional law? “The law stemming from the treaty, an independent source of law, cannot because of its very nature be overridden by rules of national law, however framed, without being deprived of its character as Community law and without the legal basis of the community itself being called in question.