Activities of Brice HORTEFEUX related to 2022/2143(INI)
Shadow reports (1)
REPORT on the implementation of the principle of primacy of EU law
Amendments (10)
Amendment 37 #
Motion for a resolution
Recital C
Recital C
C. whereas the principle of primacy is not enshrined in the Treaties, but has developed over decades through the case- law of the Court of Justice of the European Union (CJEU); whereas, ever since its landmark Costa v E.N.E.L. judgment of 15 July 1964 in Case C-6/646, the CJEU has reaffirmed that EU law takes precedence over the law of the Member States, regardless of the rank of the national legislation or the time of its adoption; whereas the principle of primacy therefore applies to any provision of domestic law, including provisions of a constitutional nature, in accordance with the well-established case-law of the CJEU; _________________ 6 Judgment of the Court of Justice of 15 July 1964, Costa v E.N.E.L., C-6/64, ECLI:EU:C:1964:66.;
Amendment 111 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Reiterates that, by their accession to the EU, the Member States have adhered to a certain number of core values and principles, which they share and have undertaken to respect at all times; recalls that these include the principle of primacy which may not, however, impinge upon the sovereignty of the constitutional order of the Member States or the direct expression of the will of the people of a Member State in a referendum;
Amendment 128 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Recalls in this regard that, in accordance with consistent case-law and on the basis of Article 4(2) TEU, although the Member States have a certain degree of discretion in implementing the principles of EU law, their obligations as to the result to be achieved do not vary from one Member State to another and the executive force of EU law may not vary from one Member State to another; emphasises that the same logic applies within the Member States, as compliance with EU law and its principles may not vary over time as a result of national legal, political or social changes;
Amendment 138 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Recalls that it is up to the CJEU, given its exclusive competence to provide the definitive interpretation of EU law, to define the scope of the principle of primacy; notes that such a definition cannot, therefore, be left to national courts on the basis of their interpretation of EU law or provisions of national lawMember States to define the scope of the principle of primacy when the rule or principle of EU law interferes with the Member States' fundamental interests;
Amendment 162 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Points, however, to the negative consequences of any decision of a national constitutional court that challenges the principle of primacy; stresses that, if every national constitutional court could decide on the limits of the primacy of EU law, the effectiveness and uniformity of EU law would be seriously jeopardised; underlines that challenging CJEU judgments on the basis of national constitutional reservations concerning respect for EU competences or the national constitutional identity genuinely undermines the CJEU’s authorityStresses that every national constitutional court must be able to decide on the limits of the primacy of EU law with a view to safeguarding the Member State's fundamental interests;
Amendment 171 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. BelievAcknowledges that the case-law of any national constitutional court challenging the principle of primacy has an important influencemay have an impact on the doctrines of the constitutional courts of the other Member States with regard to the scope of the primacy of EU law; points, therefore, to the risk that this could pose to the effectiveness and uniformity of EU law;
Amendment 205 #
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 219 #
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 235 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Reiterates that, although it is not enshrined in the Treaties, the principle of the primacy of EU law applies to, and its effects are binding on, all bodies of the Member States at all tim the principle of the primacy of EU law is not enshrined by the Treaties;.
Amendment 240 #
Motion for a resolution
Paragraph 12
Paragraph 12