Lagpålagprincip

Lagpålagprincip, also known as the principle of layering laws, is a fundamental concept in legal theory and jurisprudence, particularly within the context of the European Union. It posits that national laws must be compatible with EU law, and that EU law must be compatible with national laws. This principle ensures a harmonious balance between the sovereignty of member states and the integration of the EU.

The lagpålagprincip was established by the European Court of Justice (ECJ) in the case of Van Duyn v Home Office (1963). The principle is based on the idea that EU law is superior to national law, but it does not preclude the possibility of national law being superior in certain circumstances. This duality allows for flexibility and adaptability in the legal system, accommodating the diverse needs and contexts of member states.

The application of the lagpålagprincip involves a careful analysis of the specific legal context, including the purpose and effect of the laws in question. The ECJ has developed a series of criteria to guide this analysis, such as the purpose of the law, the effect it has on the rights of individuals, and the overall impact on the legal order.

In practice, the lagpålagprincip is a dynamic and evolving concept. It has been adapted and interpreted in various cases, reflecting the changing nature of EU law and the evolving relationship between the EU and its member states. Despite its complexity, the principle remains a cornerstone of EU legal integration, ensuring that the EU's legal framework is both effective and respectful of national sovereignty.