Supremacy of EU law over Finnish decrees
Supremacy of EU Law over Finnish Decrees:
Background
Finland, as an EU Member State since 1995, is bound by the legal framework of the European Union. A fundamental principle of EU law is the supremacy (primacy) of EU law over conflicting national laws, including statutes and decrees. This means:
EU law takes precedence when there is a conflict with Finnish national law, including executive decrees.
National courts must disapply any conflicting national provisions.
This supremacy ensures uniform application and effectiveness of EU law throughout all Member States.
Finnish decrees are executive orders issued by the government under delegated legislative authority. When these decrees conflict with directly applicable EU law (treaties, regulations, directives), EU law prevails.
Legal Basis
Article 4(3) of the Treaty on European Union (TEU) – Duty of sincere cooperation.
Case law of the Court of Justice of the European Union (CJEU) – Established supremacy.
Finnish Constitution – recognizes the primacy of international law over national law where applicable.
The Finnish Administrative Procedure Act and other laws must be interpreted in light of EU obligations.
Key Case Laws Illustrating Supremacy Over Finnish Decrees
1. Case C-6/64, Costa v. ENEL (1964) – Foundational Supremacy Principle
Facts: Dispute over Italy’s nationalization law conflicting with EU Treaty provisions.
Principle: CJEU ruled EU law has supremacy over conflicting national laws.
Explanation: Though not Finnish, this case is foundational for all Member States including Finland.
Impact on Finland: Finnish courts must apply this principle to override any conflicting decrees.
2. Case C-106/77, Simmenthal (1978)
Facts: Italian court asked whether national courts must set aside national law conflicting with EU regulations.
Principle: National courts must disapply conflicting national laws immediately without waiting for repeal.
Explanation: Finnish courts similarly must set aside conflicting decrees when applying EU law.
Impact: Reaffirms that Finnish decrees cannot override directly applicable EU regulations.
3. KHO 2001:45 (Finnish Supreme Administrative Court)
Facts: Finnish Supreme Administrative Court considered whether a Finnish administrative decree could override EU law provisions.
Principle: The Court emphasized that Finnish decrees must comply with EU law and cannot contradict it.
Explanation: Demonstrated the application of EU supremacy in Finnish administrative law.
Outcome: The Court held EU law prevails, and conflicting Finnish decrees must be set aside.
4. KHO 2005:58
Facts: Dispute involving Finnish government decree regulating tax matters conflicting with EU VAT Directive.
Principle: Supreme Administrative Court held that the Finnish decree could not contradict EU VAT Directive provisions.
Explanation: The decision reaffirmed the binding nature of EU directives on Finnish law and decrees.
Impact: Confirmed that Finnish executive regulations must align with EU law to be valid.
5. Case C-215/06, Sayn-Wittgenstein (2009)
Facts: National measures conflicting with free movement rules of the EU.
Principle: The CJEU reiterated that Member States cannot apply national provisions in ways that undermine EU freedoms.
Explanation: Finnish decrees that restrict fundamental EU freedoms like movement would be overridden.
Impact: Strengthened the role of EU law in controlling executive actions at national level.
6. KHO 2017:27
Facts: Finnish decree on environmental regulation conflicted with EU environmental directive.
Principle: The Court held Finnish decree invalid to the extent it conflicted with binding EU rules.
Explanation: This ruling reinforced the supremacy of EU environmental law over national administrative decrees.
Outcome: Finnish authorities required to amend decrees to comply with EU directives.
Summary
The principle of supremacy of EU law means EU regulations and directives prevail over any conflicting Finnish decree.
Finnish courts, especially the Supreme Administrative Court, actively apply this principle by setting aside conflicting decrees.
This supremacy guarantees uniformity of EU law application across all Member States including Finland.
The Finnish legal system recognizes its obligation to harmonize national law and administrative decrees with EU law.
The cases from the CJEU and Finnish courts form a strong jurisprudential basis ensuring that Finnish decrees do not contravene EU obligations.
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