The Principle Of Direct Effect And Supremacy Essay
Direct effect is the principle that Union law may, if appropriately framed, confer rights on individuals which the courts of member states of the European Union are bound to recognise and enforce.
While the supremacy is an European Union law principle of when there is conflict between European law and domestic law of member states, European law prevails; the norms of national law have to be set aside.
The supremacy of EU law arose after conflicts on national law and EU law. This was a constitutional problem of some magnitude for member states. The original treaty of Rome has always been silent on which law in case of conflict should prevail. In the early days this was a diplomatic omission; it was though not necessary to make the matter explicit, since the extent to which union law might be directly effective was not envisaged at the time of signing the treaty. Due to lack of guidance the matter was left to be decided by the courts of member states and the court of justice in its jurisdiction under article 267 TFEU . The conflict of domestic law and EU law arose to question the effectiveness of EU law and given the difference from state to state it is clear that…