Saturday, January 05, 2008

Primacy of EU Law

Some interesting points from a legal blogger from Finland, linked here: "If government bodies and courts in the Member States were free to apply or disregard European Community acts, the ‘acquis communautaire’ would be just a collection of political declarations. Therefore, it is a logical necessity that Community legislation takes precedence over incompatible national legislation. Only thus can natural persons and firms get the legal protection guaranteed by Community law...... The Constitutional Treaty would have admitted this frankly. Article I-6 Union law said: “The Constitution and law adopted by the institutions of the Union in exercising competences conferred upon it shall have primacy over the law of the Member States.” It can therefore be seen as a test of the maturity of public opinion and government in some Member States that the intergovernmental conference (IGC 2007) struck the provision on primacy from the Lisbon Treaty..... Should a citizen of the European Union thank the voters in France and the Netherlands who, in effect, landed us with the contortionist act called the Reform Treaty?" The only answer to the question in the final paragraph which I have emphasised is of course YES. But only the Irish can save us all now!!

1 Comments:

Blogger Ralf Grahn said...

Martin, 'yes' is not the only possible answer, but I wanted to pose the question in a way that invites reasoned opinions leading to both 'yes' and 'no'.

It is important that we citizens discuss our future.

7:12 AM  

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