<\/p>\n
\u201cOur sovereignty has been taken away by the European Court of Justice \u2026 Our courts must no longer enforce our national laws. They must enforce Community law \u2026 No longer is European law an incoming tide flowing up the estuaries of England. It is now like a tidal wave bringing down our sea walls and flowing inland over our fields and houses \u2014 to the dismay of all.”<\/p>\n
\u2014 Lord Denning MR, 1990<\/p>\n
Lord Denning by comparing the Community law to a tidal wave, shows by his words the power that the European right has on the State of the European Union.<\/p>\n
The idea of Lord Denning intended as a principle of supremacy<\/p>\n
To understand what supremacy is, it is first important to see how it applies and so put forward the concept of direct effect (1.). Then a brief history may help us to understand where is supremacy born and how does have she develop (2.). After this historical survey we can draw a general conclusion of what supremacy is today (3.) finally we would see the effects Supremacy of European Union produce in the European States(4. )<\/p>\n
Direct effect<\/p>\n
It\u2019s means that European union law ( primary and secondary law) create rights and obligations for States institutions and citizens.<\/p>\n
There is two sources of European law, primary ( treaties, protocols, ) and secondary law (directive, regulation and decisions which are defined in article 288 of the TFEU) and in this sources there are vertical and horizontal effects.<\/p>\n
Vertical effects in primary law \u201cis of consequences in relations between individuals and the State. This means that invoke a European provision in relation to another individual.”<\/p>\n
Horizontal effects in primary law \u201cis a consequential in relations between individuals. This means that an individual can invoke a European provision in relation to another individual.”<\/p>\n
In secondary law there are regulations which are binding entirely and are directly applicable in member state. There are also decision which can be apply at member states or at individuals and which binds the only those to whom is was written and finally the directive which only explain the goal to achieve and the states must use forms and means to achieve the goals.<\/p>\n
Historical events which lead to supremacy<\/p>\n
To understand how supremacy has been created it\u2019s important to analyze some cases which are very relevant for the principle of supremacy.<\/p>\n
For any case it\u2019s important to understand the facts which will invoke a legal question and the decision given by the ECJ.<\/p>\n
The first case Van Gend en Loos v; Nederlands Administratie Belastingen, ECJ Case 26\/62 (5th february 1963) define the European Union as an independent legal order from the member state.<\/p>\n
About the facts there is a Belgian transport company called Van Gend en Loos which are responsible for transport accros borders of Netherlands and West Germany. In 1962 the company is subject of a new import tax in the German Dutch border. The company disagree to pay this new tax and refer to the article 12 of the Treaty of Rom which says that : \u201cStates shall refrain from introducing between themselves any new customs duties on imports and exports and charges having equivalent effect” [1<\/a>]<\/span><\/p>\n In this case the legal question was to know if the citizens (and companies) are directly affected by EU Community law on their national territories?<\/p>\n