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The Conference recalls that, in accordance with well settled
case law of the Court of Justice of the European Union, the
Treaties and the law adopted by the Union on the basis of
the Treaties have primacy over the law of Member States,
under the conditions laid down by the said case law.
The Conference has also decided to attach as an Annex to
this Final Act the Opinion of the Council Legal Service on
the primacy of EC law as set out in 11197/07 (JUR 260):
eOpinion of the Council Legal Service of 22 June 2007
It
results from the case-law of the Court of Justice that
primacy of EC law is a cornerstone principle of Community
law. According to the Court, this principle is inherent to the specific
nature of the European Community. At the time of the first judgment of
this established case law (Costa/ENEL,15 July 1964, Case 6/641 (1)) there was no
mention of primacy in the treaty. It is still the case
today. 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.
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