Principle of supremacy : what it means for the European Union, its members, and its citizens going forward?

Abstract

The Supremacy Principle, established in the mid-1960s, has been a foundational element in shaping the relationship between the Court of Justice of the European Union (CJEU) and national judiciaries across Member States. While aiming to harmonize legal protection and unify European integrity, the Doctrine faces challenges in meeting these objectives. This thesis addresses the continued relevance of the Supremacy Principle in EU law and explores whether its modification can reconcile competing interests, particularly those of EU citizens. The tension between the Union's pursuit of the Supremacy Principle and the cautious approach of Member States, safeguarding their national identities, has led to limitations on the CJEU's reach into national constitutional orders. The Member States, driven by many different causes, have varied perspectives on the Principle's application. The impact on citizens also differs, with varying degrees of advantage or disadvantage based on the Member State's context. Recognizing the need for change, the thesis advocates for a new approach that prioritizes mutual understanding, democracy, and fundamental rights protection over rigid enforcement of harmonious application. Emphasizing open dialogue at all legal process levels, the proposed approach centers decision-making on citizens, particularly in cases involving clear citizen interests. By placing individuals and groups at the forefront, tensions between legal orders can be mitigated, reducing conflicts and fostering positive relationships. While acknowledging instances where Union and national legal orders may yield to each other, the thesis underscores the importance of citizen-centric decision-making. It contends that, although the Supremacy Principle holds significance, the rights and needs of EU citizens should be paramount. The thesis does not present definitive solutions but underscores the potential of modifying the Supremacy Principle to contribute to the prosperous development of the "ever closer union among the peoples of Europe.