Autonomy of EU legal order

Question 1

What is the principle of consistent interpretation?

Answer 1

The obligation to interpret national law inconsistency with EU law and an obligation to provide for full effectiveness of EU law.

Question 2

What did the court held in the judgement Costa v ENEL?

Answer 2

The court held in the judgement that by contrast with ordinary international treaties, the community treaties has created its own legal system which on the entry into force of the treaty became an integral part of the legal systems of the member states.

Question 3

Why is the EU legal order considered to be an autonomous legal order?

Answer 3

• it is distinct from international law
• it’s of a specific nature
• it has become an integral part of the legal order of the member states
• it must be applied by their courts

Question 4

Why is the EU legal order distincts from ordinary international treaties?

Answer 4

Because the Treaty on EU operates the same way in all the member states and therefore, it must be of specific character. The member states have limited their sovereign rights within limited fields and created a body of law which binds both their nationals and themselves.

Question 5

What was confirmed in the judgement of 1989 Freteli Constanzo?

Answer 5

It was confirmed that also national administrative authorities are obliged to apply EU law.

Question 6

Was there an attempt to include the principle of primacy in the treaties?

Answer 6

Yes. It was in a draft establishing a Constitution for Europe of 18 July 2003.

Question 7

When do we consider the primacy of EU law?

Answer 7

In the process of application of EU law when we face a conflict between EU and national law.

Question 8

Does the rule lex posterior derogate legit prior apply in a conflict of EU and national law?

Answer 8

No.

Question 9

What does the primary principle require from the national authority?

Answer 9

To disapply the national law in conflict with EU law.

Question 10

What is the most characteristic feature of the EU as a supranational organization?

Answer 10

The autonomy of its legal order.

Question 11

What is article 267. of the Treaty on the Functioning of the European Union?

Answer 11

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Question 12

Explain the preliminary ruling procedure.

Answer 12

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Question 13

What do legal systems of the member states become after accession to the EU?

Answer 13

Multicentric legal systems.

Question 14

Explain the multicentric legal system in Poland.

Answer 14

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Question 15

According to which judgement are national administrative authorities obliged to apply EU law?

Answer 15

Freteli Constanzo, 1989.

Question 16

To what treaty has the declaration of primacy been attached?

Answer 16

To the Lisbon Treaty.

Question 17

What did the court held in The NationaleHandelsgesellschaft judgement in 1917.?

Answer 17

That the law stemming from the treaty as an independent source of law cannot, because of its very nature, be overridden by rules of national law.

Question 18

Why can’t the law stemming from the treaty be overridden by rules of national law?

Answer 18

Any recognition that national legislative measures which encroach upon the field within which the community exercises its legislative power or which are otherwise incompatible with the provisions of Community law had any legal effect, would amount to a corresponding denial of the effectiveness of obligations undertake unconditionally and irrevocably by the member states pursuant to the treaty and would thus imperil the very foundations of the community.

Question 19

Is there autonomy of EU legal order without primacy?

Answer 19

No.

Question 20

Explain the scope of the principle of primacy that applies to national law.

Answer 20

The EU law in case of conflict takes precedence over the norms of all normative acts, both legislative as well as of executive nature. It refers to normative acts and acts issued in individual cases; It also applies in conflict with administrative decisions. It clearly follows from the jurisprudence of the Court of Justice of the EU that it applies also to constitutional provisions of the national law. The primacy principle requires the national authority to disapply the national law in conflict with EU law.

Question 21

Explain the primacy of EU law from the perspective of national constitutional tribunals.

Answer 21

It must be stressed that in the light of the jurisprudence of the Court of Justice of the European Union, the EU law takes precedence over any national law not excluding provisions of constitutional law. This is at face value in conflict with the provisions of the Constitutions at least some of the member states. The principle of the primacy of EU law in relation to national law is strongly exposed by the case law of the Court of Justice of the European Union.

Question 22

Explain the situation of hypothetical collision between the EU legal order and the Polish legal system.

Answer 22

According to article 8 of the Constitution of the Republic of Poland of 1997, the Constitution is the highest normative act in the territory of the Republic of Poland. The principle of the primacy of EU law is without doubts and expression of striving to guarantee the uniform application and enforcement of EU law. However, it does not on on an exclusive basis determine the final decisions taken by sovereign member states in the situation of hypothetical collision between the EU legal order and constitutional regulation in the Polish legal system. Decisions of this type should always be made taking into account the content of article 8 of the Constitution . It must be observed that in case of conflict, the Constitutional Tribunal does not exclude the solution to solve the conflict in favor of EU law by amendment of the Constitution.

Question 23

Name an example of a collision of EU law with German National Constitutional law in practice.

Answer 23

One example was a famous German case regarding German electrician notable for filing a lawsuit against Germany’s armed forces before a national court. The national court asked the Court of Justice for a preliminary ruling. It followed from the judgement of the Court of Justice that German law not allowing women to join the armed forces was in conflict with EU law.

Question 24

Name an example of a collision of EU law with Polish National Constitutional law in practice.

Answer 24

One example was the problem in Poland with the implementation of the European Arrest Warrant Framework Decision. The Polish constitution prohibited to extradite Polish citizens which were incompatible with EU law on European Arrest Warrant. The Polish constitution has been amended accordingly.

Question 25

Name an example of a collision of EU law with Italian National Constitutional law in practice.

Answer 25

The Taricco case; The constitutional court in Italy asked the Court of Justice about the extent to which the national courts are required to fulfill the obligation identified by the court in the previous judgement of the year of 2015 Tarrico and others. In that judgement, the Court of Justice found that the court asserted a fraud in relation to value added tax is liable to constitute serious fraud affecting the financial interests of the EU. The Court found the conflict between national criminal law rooted also in national and Italian constitutional law and an EU law.

Question 26

What is article 325. of the Treaty on the Functioning of the EU.

Answer 26

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Question 27

What is article 225. of the Treaty on the Functioning of the EU.

Answer 27

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