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The prevalence of one law or document over another that conflicts with it. Within the European Union, EU law prevails over national law (R v Secretary of State for Transport ex p Factortame Ltd (No 1) [1990] 2 AC 85 (HL). There are many instances of national law being overturned by the European Court of Justice when a member state has ignored provisions of the Treaty of Rome. However, in certain areas, for example competition law, national laws may be permitted when they are stricter than provisions in EU law.

Subjects: Law.

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