EU Law supremacy Flashcards
Claims of supremacy arose in what?
Van Gend en loos.
- the constitutional juggernaut -
import charge when entering netherlands from Germany which they argued went against Article 25 import duties.
the main question in this case was whether it had ‘direct effect’. = summary for this is yeah it did.
How did the CJ describe the relationship between EEC and MS
Treaty of Rome created a new system, where constitutional powers had been transferred voluntarily limiting their sovereignty.
due to it being ‘independent’ it was self - standing and could impose obligations and rights upon individuals which become part of their heritage.
in what way was the EEC ‘new’?
first time with an entity of supranational elements with intergovernmental powers.
creation of a common market was argued to be something new especially as it was described as being an “ever closer union amongst people”
creating individuals and member states as individuals of international law.
having institutions that makes law and binds citizens (EC)
EEA focused on wordings but EEC focused on wordings and objectives making them different.
novelty however is limited by the fact that it can only act within the remits of the framework.
is the EEC independent?
Direct effects was known only by monist states and not dualist. So for there to be direct e there had to be decisions made by national legal system not international.
cj argued it is self sufficient and decides when on its own it can create these direct effects even on dualist states.
stated that where there are “clear and unconditional prohibitions” . The EU law can on their own volition provide direct rights to individuals to claim before n court.
not fully dependent, however, as secondary leg requires national law to implement them…
how autonomous is the EEC?
Autonomy given on the basis that necessary for law to be applied uniformly and effectively throughout MS so they had to < give away some of their soverign power to allow EU to decide for them. COSTA V ENEL >
- unlimited duration
- own institutions
- own personality / legal capacity
= limitation of sovereignty.
how did the eec go from being dependent, where the MS revolved around the EU to the EEc being independent and revolving around the MS?? (kadi)
Is there primacy within the EEC?
Argued eec new because primacy not found in any treaty prior to lisbon.
Costa = negative consequences if national law takes precedence over eu law that would undermine the factor of common market and be less closer.
INTERNATIONALE, EU overides all national including constitutional law. = justified for uniformity and efficacy of community.
FACTORTAME, national law must change for eu to reach specific outcome.
is supremacy needed?
it is necessary for the reason of the single market. For them to all have dualism would always create a separate kind of law in which they would be different and therefore that would not work with the main goals and or tfeu for which they can be coherent and work well.
