National law = overridden by international law

If national law overrides international law this would deprive the community of its character. 

Italy imposes a public health check on French imported meat under national law made in 1970. 

Community law in 1964 and 68 contradicted this. 

ECJ held that that national courts should give full effect to EU law, even if the national law was created after 

German constitutional courts debated whether EU law could override fundamental rights in basic german law. 

held: it can.

However, the EU respects fundamental rights. 

Look to article 6 of TEU. 

Evident to see that ECJ was bound to draw inspiration from the constitution traditions common to the member states. 

ECJ cannot uphold measures which are incompatible with fundamental rights recognised as protected in the constitutions. 

Fundamental rights (Solange) 

National constitutional identity (Macarthys Ltd v Smith) - dealt with in Art 4 TEU

Macarthys Ltd v Smith

Lord Dennings judgement

He would think that Parliament would choose to follow the statute of their own parliament rather than follow treaties or provisions made by the EU 

Parliamentary sovereignty 

Factortame (no.2)

Lord Bridge dissenting:

Section 18.

Directly applicable or effective EU law falls to be recognised and available in law in the UK.