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Words: | Submitted: Fri Jan 28 2005
... of membership to the EU, in particular, the areas of law which are regulated by the EU, Parliament has lost its supremacy. It can no longer make its own laws in those areas. If it does and those laws contradict existing EU laws, the national court will not instate that national law. In Leonesio v Italian Agriculture Minister (1973) the Italian government had no power to prevent payments set out in a regulation regardless of the fact that the Italian Constitution required legislation to permit government expenditure. In a string of imperative rulings, the ECJ has developed the doctrine of supremacy of EU law over national law. The first case recognized the EU as an autonomous legal order from the Member States. In Van Gend en Loos [1963] ECR 1, the ECJ stated that "the Community constitutes a new legal order in international law, for whose benefit the States have limited ...
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