Can the European Union force it's member states to repeal their own laws in favor of European laws?

Question

With the EU referendum coming up in the UK, this question is vital and yet i cannot find any answers for it, because, while this may seem like a ludicrous idea for the Eurocrats to pull now, following the repeal of Article 50 of the Lisbon Treaty 2009, member states of the EU will no longer be able to leave, meaning that if they already have this power, they will use it.

Answer 1

The European Union (EU) cannot simply force its member states to repeal their laws in favor of European laws, but the EU has mechanisms in place that can override or supersede national laws when there is a conflict with EU law. Here’s how it works:

1. Supremacy of EU Law: According to the principle of the supremacy (or primacy) of EU law, EU law takes precedence over national laws in areas where the EU has competence. This means that if there is a conflict between an EU law and a national law, the national law must be set aside. Member states are required to comply with EU law, which can effectively require them to change their domestic laws to align with EU regulations.
2. EU Legislation: The EU can adopt regulations, directives, and decisions that apply to member states. Regulations are directly applicable in all member states and automatically become national law without needing to be incorporated into domestic legislation. Directives, however, set goals or standards for member states to achieve, but allow countries some flexibility in how they implement them. If a member state fails to transpose a directive into its national law, the European Commission can take legal action against it.
3. Infringement Procedures: If a member state does not comply with EU law, the European Commission can initiate infringement procedures. This can lead to the European Court of Justice (ECJ) ruling against the member state. If the member state still does not comply with the court’s judgment, it could face financial penalties.
4. National Sovereignty vs. EU Law: While the EU can take legal action against member states that do not comply with EU laws, the member states voluntarily agreed to be bound by EU law when they joined the EU. Therefore, they retain sovereignty, but their sovereignty is shared with the EU in areas of agreed competence (e.g., trade, competition, environment, etc.). In practice, this means that member states are often required to amend their national laws to comply with EU law, particularly in areas that are subject to EU regulations.

In summary, while the EU cannot arbitrarily force member states to repeal laws, it can use legal mechanisms like the supremacy of EU law, infringement procedures, and court rulings to ensure that national laws comply with EU regulations. This system ensures consistency and uniformity across the union.