ABSTRACT
There is no mention of the supremacy of Community law [EU law]470 in the founding Treaties and its amendments threreof. However, the ToL, without any express provision having been inserted into the Treaties to this effect, in Declaration 17 confi rms the case law of the ECJ on the principle of supremacy. Declaration 17 quotes an Opinion of the Council Legal Service on the Primacy of EC Law of 22 June 2007 which states that: “The fact that the principle of primacy will not be included in the future treaty shall not in any way change the existence of the principle and the existing case-law of the Court of Justice.” Accordingly, it appears that Declaration 17 does not make any changes as to the existence and meaning of the principle of supremacy, it simply confi rms the current position of the ECJ on this matter.
