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p. 776. EU law in the national courtslocked

  • Anthony Arnull


‘EU law in the national courts’ explains the concepts of direct effect and primacy. The Court of Justice of the European Union has ruled that EU law may confer rights on individuals that may be enforced in the national courts of the Member States. Such rights enjoy primacy over conflicting national laws regardless of the constitutional status of those laws. Moreover, national law must where possible be interpreted consistently with overlapping rules of EU law. When a Member State breaches EU law, any individual who suffers loss as a result may claim damages in the national courts. How have national courts responded to these principles?

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