Controversy about primacy of EU Law
When the British Conservative Member of Parliament (MP) Nigel Mills claimed “we need to take some real action and that is why we should at least be reintroducing the restrictions on Romanians and Bulgarians” he jiggled on the one hand on the principle of free movement within the European Union (EU), furthermore doing so he also put the doctrine of supremacy of EU Law into question. The supremacy of EU Law is one of the most debated and most controversial issue within in the European Community from its beginning.
The EU is a unique entity. 28 Member states, 28 national parliaments, 28 constitutions, but also one European Parliament, one Commission and one European Court of Justice (ECJ), all working together for one aim: The Common Market.
From an economical point of view, several different jurisdictions are not desirable and lead to too much insecurity. From an ethical point of view 28 different handling of e.g. employment right lead to injustice and discriminative humans worth, which is against article 20 of the Charter of fundamental rights of the European Union “Equality before the law”. As a consequence of step-by-step integration and not full legislative competence of the Commission supremacy of EU Law is not cleared thoroughly.
One could mention that this is only a problem of traditional euro-sceptical Britain, but it is always a matter of judicial interest, when there is uncertainty about implementation of EU Law. To clarify the concept of “supremacy” we will examine its basics. The interpretation of the authority of the ECJ is controversial, we will exemplify divergent interpretation as following step.