EU Perspective

Question 1

Doctrine of supremacy developed by

Answer 1

ECJ/CJEU

Question 2

Doctrine of supremacy is ____ effective (1)

Answer 2

Directly effective

Law prevails over conflicting national law

Question 3

Doctrine of supremacy case

Answer 3

Costa (1964)

Question 4

Costa (1964) (4)

Answer 4

Power transfer to EU and limitation of national sovereignty
Treaty spirit and aims
Principle of loyal cooperation
Uniformity and effectiveness of EU law

Question 5

Doctrine was developed on basis of… plus case

Answer 5

It’s conception of the EU as a new legal order

First in Van Gend en Loos (1963)

Question 6

IHG (1970)

Answer 6

Precedence of EU law even over national constitutional law

Question 7

Simmenthaal (1978) (2)

Answer 7

Precedence of EU law over any conflicting national law

Duty of all national courts to set aside conflicting national law

Question 8

Factortame (1990)

Answer 8

Duty of national courts to set aside national procedural rules preventing them from giving birth effect to EU law
Disapplication of AoP

Question 9

Commission v France (Seamen) (1974) (2)

Answer 9

Duty of all national authorities (not just courts) to disapply conflicting national law
MS must not maintain conflicting national rules even if they aren’t applied in practice

Question 10

Limits to the doctrine (3) plus 2 cases

Answer 10

Conflicting national rules may continue to apply to a non EU context - IN.CO.GE
Res judicata; final judicial decisions cannot be challenged or set aside even if contrary to EU law - Kapferer (2006)
No sanctions for past conduct

Question 11

EU Constitutional Treaty 2004 (3)

Answer 11

Treaty establishing EU Constitution
Art 1-6
Union law would have primacy over MS law

Question 12

Treaty of Lisbon 2009 (2)

Answer 12

Declaration 17 concerning primacy

EU has primacy over MS

Question 13

EU perspective (3)

Answer 13

Supremacy is unconditional
Loyal cooperation principle
Nature of EU as new legal order