Absolute supremacy in an evolving European Union: possible reconciliation of Member State conflict w

This article discusses the principle of supremacy of EU law over conflicting legislation in national legal orders of Member States. The article discusses the conflicting views of the principle of supremacy of the Court of Justice of the European Union and Member States, with the former viewing the principle as absolute and a number of Member States preferring an approach that maximises their sovereignty. The discussion focuses first on the principle at Union level, then on three individual Member States and the approach taken in each legal order, covering possible alternative views of the principle as suggested by various commentators, and examining how the differing approaches at Union and domestic levels can be reconciled. The United Kingdom’s withdrawal from the EU shall also be discussed in relation to the principle of supremacy, with particular focus on the orthodox view of the CJEU which, arguably, helped fuel the argument to leave, heightening political tensions.

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