Chapter

The Supremacy of EU Law

Nigel Foster

in Foster on EU Law

Sixth edition

Published on behalf of © Nigel Foster 2017

Published in print June 2017 | ISBN: 9780198794608
Published online September 2017 | e-ISBN: 9780191852428 | DOI: https://dx.doi.org/10.1093/he/9780198794608.003.0005
The Supremacy of EU Law

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This chapter examines the supremacy of EU law from both the point of view of the Union as understood by the Court of Justice of the European Union, and the point of view of member states. A consensus seems to be emerging from the national and constitutional courts that EU law supremacy is accepted only insofar as it does not infringe the individual rights protection of the national constitutions, in which case the constitutional courts will exercise their reserved rights over national constitutions to uphold them over inconsistent EU law or to review EU law in light of their own constitutions. The changing position of the UK and the EU is also considered including the Brexit referendum result and possible consequences of that.

Keywords: EU law

Chapter.  17668 words. 

Subjects: EU Law

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