Page 129 - SEVEN STEPS for COMPREHENDING the EUROPEAN UNION

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however, it is mentioned in the declaration annexed to the Lisbon Treaty.
As the treaty specifies, the principle is derived from the decisions of
the Court of Justice of the European Union: “... in accordance with the
well-settled case law of the Court of Justice of the European Union, the
Treaties and the law adopted by the Union on the basis of the Treaties
have primacy over the law of Member States…”.

By contrast with ordinary international treaties, the Treaty on
EU and the Treaty on Functioning of the EU created a European legal
system that is an integral part of the Member States’ legal systems and
that is binding on them.

Through adopting those Treaties, Member States transferred the
rights and obligations from their national legal system to that of the
EU, limited their sovereignty and created a body of law that bound both
their nationals and themselves.
Consequently, Member States may not adopt national laws that
contradict EU law without calling into question the legal basis of the
EU itself. If they nevertheless do, EU law should take precedence over
national laws (i.e., override them) in the domestic courts of the country
concerned.

Therefore, from a legal point of view, the “Precedent Principle”
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is considered to be absolute. It has to be applied unconditionally
whether it concerns EU Primary or Secondary legislation. Additionally,
the principle expands even over the national constitutions of EU
members and, therefore, judges of member states should not apply the
provisions of their national constitutions, which may contradict EU law.
The principle of the “Direct Effect of European Law” is yet another
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basic principle of EU law which stipulates that any EU citizen or entity
may directly take a case to the national courts or the Court of Justice
of the EU against his/her own state or any EU institution for violating
any EU law.

Precedence of the EU Law
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https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=LEGISSUM%3Al14548
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The direct effect of European law
https://eur-lex.europa.eu/legal-content/HR/TXT/?uri=LEGISSUM:l14547