Summary

The integrity of EC law is ensured by its supremacy over national law. This is one of the basic principles of EC law as developed by the European Court of Justice. Based on the principle pacta sunt servanda, the European Court of Justice supports the idea that national law should not prejudice EC law. The Court is of the opinion that the Member States cannot decide to ignore EC law under the pretext of protecting human rights since fundamental rights are respected by EC law. In its rulings, the Court also follows the principle that each national court must ignore or not apply rules of national law which are contrary to EC law. Any national court must render its decisions in conformity with EC law.
EC law enjoys supremacy over national law only in so far as provided by the EC Treaty. However, it is not always clear which issues are within the exclusive competence of the European Union. The legislative activities of the European Union are restricted in areas which fall outside of the regulation of the EC Treaty.