Page 201 - Секретаријат за законодавство

“…in accordance with the principle of the precedence of Community
law, the relationship between provisions of the Treaty and directly ap-
plicable measures of the institutions on the one hand and the national
law of the Member States on the other is such that those provisions and
measures not only by their entry into force render automatically inap-
plicable any conßicting provision of current national law but — in so
far as they are an integral part of, and take precedence in, the legal order
applicable in the territory of each of the Member States — also preclude
the valid adoption of new national legislative measures to the extent to
which they would be incompatible with Community provisions”. 11

In order to ensure legal security, it is not sufÞcient to insert in the na-
tional legislation general clauses such as:

- “The provisions of the present Act are without prejudice to direct-
ly applicable provisions of the Treaties of the European Union”;
- “Article… is not applicable, if the Treaties of the European
Union provide otherwise”;
- “The present Act does not apply where the Treaties of the Eu-
ropean Union provide otherwise”.

It is necessary to refer in the national legislation in an unequivocal
manner to concrete provisions of the Treaties.

2. SECONDARY LEGISLATION

The secondary sources of EU law are the legal acts issued by EU in-
stitutions according to set rules. Here, we also tackle the internation-
al agreements between the EU and third countries and rulings of the
Court of Justice, as sources of EU Law.

Under the Treaty of Lisbon, Member States have conferred import-
ant legislative powers on the European institutions enabling them to
implement the provisions of the Treaties and thus giving full effect to
EU law and policies. The Treaty of Lisbon is the Þrst Treaty which
makes reference to legislative acts adopted by EU institutions in order
to implement the Treaties. The Article 289(3) TFEU states that “legal
acts adopted by legislative procedure shall constitute legislative acts.”

11 Amministrazione delle Þnanze dello Stato v Simmenthal (case 106/77) [1978] ECR 629.

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