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Călin Ioan RUS: An overview on European law’s priority over national law ...

Abstract: The paper begins with a brief presentation of the principle of priority of the EU Law and the national judge’s duties. Furthermore, the relationship between EU Law and the constitutions of the Member States is analysed, giving reasons for the preeminence of the EU Law. After that, it is argued for the priority of the EU Law as part of the international law system and possible criticisms in regard to the insufficient level of protection of Human Rights within the European Union are anticipated. In order to demonstrate the prevalence of EU Law over Member States’ Fundamental Laws, the most relevant case law is identified, the research being a meticulous scan of the of the last twenty years’ case law on the interferences between EU Law and constitutional-nature national laws. Recent cases, including Global Starnet and Pisciotti, begin to get more and more relevant in the context, the latter expressly stating the need for a reconciliation between a national constitutional law and the EU Law. Finally, the paper concludes that there is a need to recognize the prevalence of EU Law over any domestic law.

Keywords: European law priority; EU law and constitutional law; legal norms hierarchy; human rights; legal interpretation

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