Community Law In The Case Of Asda Stores

Community law is supreme over national law but only to the extent that national law prevails over community law over grounds contained in national grounds itself, supremacy may have to give way and lead to legal certainty as shown in the case of Asda Stores . EU law supremacy was not applied in this case but it does show potential. An important point to be made, although we might expect that regulation had direct effect, it would normally be held to be supreme. This case raises questions whether there is other consideration that the Court of Justice might take into account, which may lead to supremacy being criticised demonstrating its continued existence may be challenged by national courts. In the case of Granital the Constitutional Court

For example, it could mean that some individuals are not getting the complete judicial protection that is actually intended from the principle of supremacy e.g the English courts had to tackle parliamentary sovereignty to allow EU supremacy. In s.2(2) and 2(4) of the European Communities Act it shows that British judges recognise non adherence to constitutional conditions in relation to parliamentary sovereignty, but specifically in acceptance with the EU law supremacy, and in the case of Factortame an agreement was made through an “implied supremacy clause” . What does this clause suggest? It suggests that the UK Parliament chose to allow EU supremacy through the European Communities Act, however, Parliament is still sovereign as it can be taken away at any time . This case was the first time the UK court had not applied an act in parliament, demonstrating this case cannot be underestimated in conflict between the principle of supremacy and parliamentary

In a series of important rulings, the Court of Justice has developed supremacy over time which is why people believe its continued existence is challenged by the national courts rather than Member States. European Community law states wherever there is conflict between European law and the Member States, European law highly dominates demonstrating that supremacy may not be the challenge to Member State sovereignty that is appears to be. Moreover, the doctrines of direct effect and supremacy have undermined the sovereignty of the member states which could imply it is a challenge to member states sovereignty. The community uses supremacy in sectoral integration in which the EU regulates on new policy areas rather than allowing Member states themselves to legislate in these sectors. Whilst supremacy of community law has generally been well recognised by Member States, certain reservations have been made by national constitutional courts as they regard supremacy as a concept rooted in the national constitutions. It has been pointed out that disputes have arisen in those Member States that has constitutional courts , as they have rendered the reception of supremacy . The relationship between the Court of Justice and national constitutional courts have come to be characterised as