The work focuses on the interplay between European Community Law and constitutional law of the Member States
of the EU. The non-existence of a written supremacy clause in European Law leaves a wide margin for
interpretation. The European Court of Justice (ECJ) characterizes European Community Law as supreme, directly
effective and autonomous. Behind these structural elements lurks the fundamental dogmatic question of the
dependence of European Law on national law. As European Law is founded on international treaties, Member
States` Supreme Courts tend to argue that treaty law can not be completely autonomous in their internal legal order.
In their opinion and in opposition to the ECJ, the rule deciding whether national or European Law should be
supreme is located within the national constitutional order.
The work is divided into four chapters. Chapter 1 gives an introduction to the ECJ`s view on the supremacy of
European Community Law. Chapter 2 focuses on the effects of supremacy, direct effects and the obligation to
interpret national law in conformity with Community Law on Member States` rules regarding the competences of
national authorities. Chapter 3 describes the case-law of the ECJ regarding the supremacy of Community Law in
proportion to national constitutional law and overviews the respective case-law of the Member States` Supreme
Courts. Chapter 4 describes the Austrian model of opening the legal order for European Community Law and
scrutinizes the case-law of the Austrian Constitutional Court concerning the interplay between European
Community Law and Austrian constitutional law.