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欧盟法的优先性原则指的是处理欧盟法及欧盟成员国国内法之间关系所适用的基本法律原则,是构成欧盟法律体系的两大支柱之一。效力优先原则指的是在各成员国本国法的相关规定和欧盟法发生冲突时,成员国必须停止适用相关立法而优先适用欧盟法。而在“卡迪案”中,欧盟法院通过其判决,扩大了优先性原则的适用范围,将欧盟理事会根据《联合国宪章》和安理会所做的决议也纳入了优先性原则中。这一突破性的判决,对国际法和欧盟法的发展产生了深刻的影响。
The principle of priority under EU law refers to the basic legal principles applicable to the relationship between EU law and the domestic laws of EU member states and constitutes one of the two pillars of the EU legal system. The principle of priority of effectiveness means that when the relevant provisions of the national laws of member states conflict with the EU law, member states must stop applying the relevant laws and give priority to the EU law. In the case of “Cardi ”, the EU Court, through its judgments, expanded the scope of application of the principle of priority and included the EU Council’s priority principle in accordance with the “UN Charter” and the Security Council resolutions. This breakthrough decision has had a profound impact on the development of international law and EU law.