European Union Law: Regulations and Directives

There are two important and fundamental points about the nature of EU law to grasp at the outset.

Firstly, EU law reigns supreme throughout the European Union. The principle of the primacy of EU law means that any law of a Member State which conflicts with EU law must be disapplied in the national courts regardless of whether the national law was passed before or after the EU law with which it conflicts.

Secondly, the subjects of EU law include not just the Member States but also citizens and other legal persons. If a provision of EU law is clear and unconditional it has direct effect and may be relied on by a person in proceedings before a national court. Where a provision does not have direct effect, national law, whether coming into force before or after relevant EU law, must be interpreted consistently and give effect to EU law.