Introduction
The principle of supremacy of European Union (EU) law dictates that in cases of conflict between EU law and national law, EU law prevails. This principle, established in the landmark case of Costa v ENEL, ensures the uniform and effective application of EU law across all Member States. The European Court of Justice (ECJ) in Ministero delle Finanze v IN.CO.GE [1998] ECR I-6307 reiterated this fundamental principle, emphasizing the obligation of national courts to disapply conflicting national provisions. This judgment clarified the direct effect of EU law and its implications for national legal systems. Key requirements stemming from this case include the immediate disapplication of conflicting national law by national courts, regardless of the nature or status of the national provision.
The Supremacy of EU Law and its Direct Effect
The doctrine of supremacy, as articulated in Costa v ENEL, established that EU law forms an essential part of the legal systems of Member States. This inclusion implies that national courts have a duty to ensure the effectiveness of EU law within their jurisdiction. Direct effect, a related concept, refers to the ability of individuals to rely on provisions of EU law directly before their national courts. The ECJ in IN.CO.GE confirmed that provisions of directly effective EU law must be given precedence over conflicting national law.
The Obligation to Disapply Conflicting National Law
The IN.CO.GE judgment explicitly states the obligation of national courts to set aside any provision of national law which may conflict with directly effective EU law. This obligation applies regardless of whether the national provision is prior or subsequent to the EU law. The ECJ clarified that national courts are not required to formally invalidate or annul the conflicting national measure. Instead, they must simply refrain from applying it in cases where it contradicts EU law.
Implications for National Legal Systems
The IN.CO.GE judgment has significant implications for the relationship between national legal systems and EU law. It strengthens the principle that national courts are responsible for safeguarding the primacy of EU law within their jurisdiction. This responsibility requires national judges to actively assess the compatibility of national law with EU law and to prioritize EU law in cases of conflict. This active role of national courts is essential for the effective functioning of the EU legal order.
Practical Application and Subsequent Case Law
The principle established in IN.CO.GE has been consistently applied in subsequent case law. For example, in the case of Commission v France (French Merchant Seamen), the ECJ reiterated the obligation of national courts to disapply national legislation that discriminated against workers from other Member States, even if that legislation had been adopted after the relevant EU Directive. This consistent application demonstrates the fundamental importance of the principle of supremacy and the duty of national courts to ensure its effective implementation. Specific examples include challenges to national tax laws, social security regulations, and environmental protection measures that were found to be incompatible with EU directives or regulations.
The Role of the ECJ in Ensuring Uniform Application
The ECJ plays an important role in ensuring the uniform application of EU law across all Member States. Through preliminary rulings under Article 267 of the Treaty on the Functioning of the European Union (TFEU), the ECJ provides guidance to national courts on the interpretation and application of EU law. This mechanism ensures consistency and avoids divergent interpretations of EU law within different national legal systems. The ECJ's jurisprudence in cases like IN.CO.GE supports the development of a unified and effective EU legal order. The principle of disapplication is important for maintaining the uniformity and effectiveness of EU law and ensuring the proper functioning of the internal market.
Conclusion
The IN.CO.GE judgment provides a clear and definitive statement on the obligation of national courts to disapply national law that conflicts with directly effective EU law. This judgment strengthens the principle of supremacy and the important role of national courts in safeguarding the effectiveness of EU law within their respective jurisdictions. The principle of disapplication, as affirmed in IN.CO.GE and subsequent case law, is essential for ensuring the uniform application of EU law and maintaining the integrity of the EU legal order. The ECJ, through its preliminary ruling procedure, continues to play an important role in clarifying and strengthening this principle, thus contributing to the development of a unified and effective EU legal system. The consistent application of this principle, as shown in cases like Commission v France, highlights the importance of national courts actively engaging with EU law and prioritizing it in cases of conflict, thus ensuring the smooth functioning of the internal market and the protection of individual rights guaranteed under EU law. This principle, coupled with the direct effect doctrine, guarantees that individuals can rely on EU law before their national courts, further solidifying the inclusion of EU law into the national legal systems.
