Abstract
Over thirty years after the Court of Justice (CJEU) decision in Simmenthal setting out the supremacy of EU law over conflicting national law, the relationship between the member states’ national legal systems and EU law continues to give rise to debate. Whilst there has been much focus on the interaction of EU law with the German legal order, an examination of recent developments in France can further our understanding of the complexity and evolving nature of this relationship. The difficulties in reconciling the demands of two legal systems have been seen in France following the reform introducing an a posteriori control of constitutionality of legislation (QPC). Through an examination of the decisions of the French Supreme and Constitutional Courts concerning the QPC and EU law, particularly in regard to Melki & Abdeli, this article considers the relationship between the French and EU legal systems, revealing that there is no consensus as to its legal basis nor as it its full implications.
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