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Olga Andreea URDA: The primacy of European law

Abstract: Community law, by its specific nature, can not be overridden by domestic law without precisely losing its community character. Otherwise, the Community edifice collapses. European integration is largely a Europe for the rule of law. This assumes that European law is adequately introduced in the legal order of the Member States taking precedence over national regulations. This rule is established by the Treaties, but especially by the caselaw of the Court of Justice of the European Communities that particularize the relations of the Community legal order with that of Member States and provides a unified legal protection for all European citizens.The primacy of Community law means the primacy of a Community rule over an oposite internal rule, not the primacy of Community law all over the national law. This is a logical principle affirmed by the Court of Justice and recognized in all Member States.

Keywords: European integration, EU law, legal protection, the primacy of Community law, Community rule, domestic law


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