Summaries of 1 book by Paul Craig and Gráinne de Búrca, available in English. Read AI-generated key ideas and takeaways, or generate your own.
1 Summary“The Community constitutes a new legal order of international law for the benefit of which the states have limited their sovereign rights, albeit within limited fields, and the subjects of which comprise not only Member States but also their nationals.”From the landmark Van Gend en Loos case, quoted in the book to illustrate the foundational principle of direct effect.
“The law stemming from the Treaty, an independent source of law, cannot because of its special and original nature be overridden by domestic legal provisions, however framed, without being deprived of its character as community law.”From Costa v ENEL, cited to explain the supremacy of EU law over national law.
“The principle of supremacy of EU law is a cornerstone of the EU legal order, ensuring uniform application of EU law across all Member States.”The authors' commentary in the chapter on supremacy, summarizing the Court's jurisprudence.
“The preliminary ruling procedure is the 'jewel in the crown' of the EU judicial system, facilitating a dialogue between national courts and the Court of Justice.”A phrase used by the authors to emphasize the importance of Article 267 TFEU in ensuring consistent interpretation.