‘What constitutes the basis of direct effect, supremacy and consistent

interpretation? The CJEU’s case law is in reality very pragmatic, building

on the paradigm of EU law as an independent – autonomous – legal
order of a new kind. “Autonomous” refers here to the fact that law
creation and the effects of this law are decided by that legal order itself,
independently from national law.’
Discuss.

The unique legal structure established by the Court of Justice of the European Union (CJEU) and the
principles articulated via its case law provide the foundation of direct effect, supremacy, and uniform
interpretation in EU legislation. The CJEU has taken a pragmatic approach, recognising EU law's
autonomy as a different legal system. This autonomy refers to the fact that EU legislation functions
independently of national law, with the EU legal system determining its production and implications.
Several case laws demonstrate these concepts:

Direct Effect: Under the concept of direct effect, individuals can depend on EU legislation directly before
national courts, granting them rights that can be enforced and relied on against both public and private
institutions. The CJEU created the theory of direct effect in the landmark judgement of Van Gend en
Loos, saying that some sections of EU legislation are immediately effective and give rights that persons
can assert before national courts. This decision established the notion of direct impact and highlighted
the autonomy of EU law.

Supremacy: The supremacy principle states that, within the sphere of EU competence, EU law takes
precedence over conflicting national law. The CJEU ruled in the Costa v ENEL case that EU law takes
precedence over national law and that the latter must be ignored where it contradicts with EU law.
According to the CJEU, EU legislation "not only imposes obligations on individuals, but it is also intended
to confer rights on them that become part of their legal heritage." This decision established the idea of
EU law priority, guaranteeing that EU legislation is applied and interpreted consistently throughout
member states.

Consistent Interpretation: The CJEU is crucial in ensuring that EU law is consistently interpreted and
applied. The consistent interpretation concept seeks to avoid diverse interpretations by national courts
while still preserving EU law's unity. The CJEU concluded in the matter of Marleasing that national courts
must interpret national law in accordance with EU law in order to achieve the effect intended by the
relevant EU directive. This decision shows the CJEU's commitment to establishing consistency in EU law
interpretation and harmonising the legal framework across member states.

Consistent Interpretation: The CJEU is crucial in ensuring that EU law is consistently interpreted and
applied. The consistent interpretation concept seeks to avoid diverse interpretations by national courts
while still preserving EU law's unity. The CJEU concluded in the matter of Marleasing that national courts
must interpret national law in accordance with EU law in order to achieve the effect intended by the
relevant EU directive. This decision shows the CJEU's commitment to establishing consistency in EU law
interpretation and harmonising the legal framework across member states.

These case laws demonstrate the Court of Justice of the European Union's pragmatic and autonomous
approach to advancing the concepts of immediate impact, supremacy, and consistent interpretation in
EU law. The CJEU's decisions have developed a legal framework that recognises the distinctive nature of
EU law as an autonomous legal system capable of conferring rights on persons and, where required,
replacing conflicting national law.

It should be noted that the autonomy of EU law does not mean total independence from national legal
systems, since EU law acts within the larger legal environment of the member states. To maintain the
proper functioning of the EU legal order, the CJEU's approach attempts to find a balance between the
autonomy of EU law and collaboration with national legal systems.