Concept of ‘primacy’ or ‘supremacy’ in EU law? What is the rationale for this principle

EU LAW

1.What is the meaning of the concept of ‘primacy’ or ‘supremacy’ in EU law? What is the rationale for this principle? Is all national legal systems share the view of the CJEU on this principle?

2. What does it mean to say that EU law has (or can have) direct effect? What is the difference between ‘vertical’ and ‘horizontal’ direct effect, and why does this distinction matter in respect of directives? 

3.An EU Directive 2018/XXX (fictitious) on employment rights provides that “all Member States shall ensure that employers offer at least one year of paid parental leave that parents can share whichever way they choose”. Sweden did not put in place any specific legislation to implement the directive by the end of the transposition period (December 2021). National legislation requires employers to offer paid parental leave for at least six months. Ava, who is a corporate lawyer in private practice in Sweden, is the mother of a baby born on 1st January 2022. She would like to take paid leave until her baby turns one. Her employer offers oneyear of maternity leave but is only willing to pay for the first six months. Germany has implemented the Directive. Under the new legislation, mothers are entitled to a full year of paid leave. Jens, the father of a baby also born on 1st January 2022, works at a private bank in Germany. He wants to share parental leave with his partner, but his request for shared parental leave was rejected on the grounds that there is no entitlement to paternity leave under national legislation. Both Ava and Jens are aware of the new EU Directive and consider bringing an action against their employers. Advise them on their rights under EU law.

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