Page 202 - Секретаријат за законодавство

- the provision of primary legislation “does not require any leg-
islative intervention on the part of the states”. 8

Guidelines for the national legislator

The right of individuals to rely on the directly applicable provisions of
the Treaty before national courts “is only a minimum guarantee and is
not sufÞcient in itself to ensure the full and complete implementation
of the Treaty”. 9

Provisions of national legislation which are in contradiction with pro-
visions of primary legislation must be repealed or amended, according
to the rules provided for in the national law:

“…if a provision of national law that is incompatible with a provision
of the Treaty, even one directly applicable in the legal order of the
Member States, is retained unchanged, this creates an ambiguous state
of affairs by keeping the persons concerned in a state of uncertainty as
to the possibility of relying on Community law and that maintaining
such a provision in force therefore amounts to a failure by the State in
question to comply with its obligations under the Treaty”.

“The incompatibility of national legislation with provisions of the
Treaty, even provisions which are directly applicable, can be Þnally
remedied only by means of national provisions of a binding nature
which have the same legal force as those which must be amended”.

“…mere administrative practices, which by their nature are alterable
at will by the authorities and are not given the appropriate publicity,
cannot be regarded as constituting the proper fulÞlment of obligations
under the Treaty”. 10

Not only is it necessary to repeal all existing provisions of national law
which infringe European Union law, but also to rule out the applica-
tion of any new domestic norms contrary to EU primary legislation:

8 Van Gend en Loos v. Nederlandse Administratie der Belastingen (Case 26/62)
[1963] ECR 1, [1963] CMLR 105.
9 Commission v Italy (Case C-120/88) [1991] ECR I-621.
10 Commission v Italy (Case C-168/85) [1986] ECR 2945.

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