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3 - Costa v. ENEL, 1964

Supremacy

Published online by Cambridge University Press:  04 November 2020

William Phelan
Affiliation:
Trinity College Dublin
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Summary

This chapter discusses the Court’s 1964 judgment, Costa v. ENEL, where the Court declared the supremacy of European law, thus requiring national courts to resolve conflicts between European law and national law in favour of the domestic application of European law. The supremacy of European law is often understood as the partner of the direct-effect doctrine and the result of the Court’s ‘functionalist’ approach to the development of the European legal order. This chapter demonstrates that the supremacy doctrine of European law was also motivated by the Treaty of Rome’s prohibition on the unilateral adoption of safeguard measures by the member states, as shown both by the text of the Court’s judgment and by the writings of judge Lecourt.

Type
Chapter
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Great Judgments of the European Court of Justice
Rethinking the Landmark Decisions of the Foundational Period
, pp. 58 - 83
Publisher: Cambridge University Press
Print publication year: 2019

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  • Costa v. ENEL, 1964
  • William Phelan, Trinity College Dublin
  • Book: Great Judgments of the European Court of Justice
  • Online publication: 04 November 2020
  • Chapter DOI: https://doi.org/10.1017/9781108615020.004
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  • Costa v. ENEL, 1964
  • William Phelan, Trinity College Dublin
  • Book: Great Judgments of the European Court of Justice
  • Online publication: 04 November 2020
  • Chapter DOI: https://doi.org/10.1017/9781108615020.004
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Costa v. ENEL, 1964
  • William Phelan, Trinity College Dublin
  • Book: Great Judgments of the European Court of Justice
  • Online publication: 04 November 2020
  • Chapter DOI: https://doi.org/10.1017/9781108615020.004
Available formats
×