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Supremacy - Coggle Diagram

- - - - Analytical argument - MS obligations in the Treaties would be contingent rather than unconditional if they were subject to national provisions.
        
        the Court adverts to what is now Article 288 TFEU, which provides that regulations are directly applicable, and concludes that this would be meaningless if states could negate the effect of EU law by subsequent inconsistent legislation.
        
        This textual argument is, however, of limited efficacy, since Article 288 refers only to the direct applicability of regulations, while the Court sought to establish the supremacy of all binding EU law. Moreover, direct applicability refers to the way in which Union law becomes part of the national legal system without the need for implementing measures, but does not resolve the priority between this law and other forms of national law.
      - Functional argument - aims of the Treaty could not be achieved unless primacy was accorded to the EU. Treaty aims of integration and cooperation would undermined if MS refused to give effect to EU Law
      - Contractarian argument - EU law should have supremacy because it flowed from the agreement made by the MS when they joined the EU. The Treaty created its own legal order which became an integral part of the MS legal systems. MS transferred real powers stemming from a limitation of sovereignty' to the EU institutions
      - Egalitarian argument - if MS law could tkae precedence over EU law then that would lead to discrimination in the application of EU law between different MS. MS taking benefits of EU law without accepting burdens of it
- - - - However, the CJEU has distinguished between the two cases
        
        The CJEU held in Niedersachsen that in the absence of EU legislation, the rules on res judicata were for the national legal order, in accordance with the principle of the procedural autonomy of the Member States, subject to the principles of equivalence and effectiveness
        
        The ECJ nonetheless held that the effectiveness of EU law would be impaired if the principle of res judicata deprived national courts not only of the possibility of reopening a final judicial decision made in breach of EU law, but also of rectifying that infringement in subsequent cases presenting the same fundamental issue. - Lucchini [29-[32]