The ECJ merely asserts primacy. The doctrine was invented out of whole cloth in the landmark Costa/ Enel case in 1964. This bootstrap jurisprudence - in essence a bluff - has been indulged and tolerated by member states. Until now.AEP, who has successfully predicted twelve of the last three recessions, is not sanguine about the effects of this bust up. We are wrong to believe it will be bodged over with the usual Eurofudge, wrong to imagine that the ECB can just carry on with its QE programme. He strongly believes that this time it's a binary choice between Germany's continued membership of the EU and the Euro.
There is no Treaty basis for EU legal supremacy. Judicial expansionists in the EU legal services unit tried to slip it into the Lisbon Treaty but all they got was a thin Declaration in the annex stating that the “settled law of the Court” has primacy over national law.
The German judges have repeatedly objected to judicial activism by the ECJ, thunderously denouncing its misuse of the Charter to extend its power. Their finger has been on the trigger. Finally they pulled it. The implicit has suddenly become explicit.
Their mistake was to trust in a popular misunderstanding. For years we have been lectured that 'EU law is superior to national law and supercedes domestic legislation' - true. It was easy for everyone to assume or be led to believe that if EU law was superior to national law, then the EU's court must be superior to national courts - not true.
Meanwhile, as the penultimate round of talks on an EU trade deal before the June deadline collapsed, with Boris holding firm against the EU didactic stubbornness, we are reminded that there are just six weeks remaining in which an extension can be agreed. Even though the government has made plain that no extension will be sought or accepted, this won't stop the entire forces of Remain and #FBPE idiocy from going flat out.
As the final round of pre-deadline talks start in June, expect hysteria from all the usual quarters, eager for the UK to handicap itself or shackle our laws to their sham-court, just so cruelly exposed as such by the German judges.
Expect Blair back on the Today programme explaining why an extension is essential, and the MSM to dig-up the crazed fools who were kicked out of the party; Grieve, Soubry, Rory Stewart et al. Oh, and of course Major will rise from his sepulchre to do the same. Plus the gerontocrats from the Lords will croak their protests over inadequate phone lines and PTSD Adonis and 'Howler' Grayling will melt down. Also expect the BBC to put out a Panorama explaining how not extending will cost more lives than the Wuhan virus, and Sky to interview no-one except closet Momentum members. Hey ho.