“Although supremacy was not mentioned in the original Treaties, it is recognised as a fundamental principle of EU law. Discuss how the principle emerged in the case law of the Court of Justice. Module: 22045 European Union Law”

The principle of supremacy generally relates to whereby if there is a conflict arising between national law and European Union law (hereinafter known as EU law), the latter would take precedence or take primacy over the former.  As such, the principle reinforces the authority of the European Union (hereinafter EU) and therefore gives the European Court of Justice (hereinafter ECJ) with much discretionary, adjudicative powers in upholding the supremacy of EU law. The consideration has therefore relied heavily on case laws that have appeared throughout history before the ECJ as supremacy was not laid down explicitly in any of the original Treaties.

In guarding the implementation, the Article 220 of the Treaty of Rome can be said to have supplemented this in setting out the role of the ECJ in ensuring that the application of the treaty is observed.  This illustrates how the declaration inf…(short extract)