Esse, non videri företrädesprincipens vara eller icke vara(2008:6epa)

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The precedence principle means that the Member States may not apply national regulations contrary to EU law. European Union law can thus be said to have precedence over national law, including Member States' own constitutional regulations.

The principle is not protected legally but has been defined and clarified by the ECJ in a series of court cases. The principle is also impossible to find in the new Lisbon Treaty. The report concludes that the precedence principle's constitutional nature will be unclear as long as Member States' ultimate validation basis is not separation of power but popular sovereignty.

The analysis is in Swedish and is a part of the research project The constitutional development of the European Union.

 icon 2008:6epa Esse, non videri – företrädesprincipens vara eller icke vara (91.28 kB)