ABSTRACT
The question of legal supremacy can be examined both from the standpoint of the Community itself and from that of national law.
The ECJ claims that Community law is supreme over national law. This claim carries the following implications: (a) Community law confers rights on individuals to which national law must give
effect; (b) national law cannot prevail over Community law; (c) the effectiveness of Community law must be the same in all Member States – it
cannot vary in effect from one Member State to another; (d) courts of Member States must follow the interpretation of laws given by the
ECJ or, where there is no authority, and under certain conditions, must refer the matter to the ECJ under Article 234 of the Treaty;
(e) where the ECJ gives a ruling, Member States are under an obligation to amend their national laws so as to conform to Community law.
