EU Supremacy Flashcards
Van Gend en Loos
The community constitutes a new legal order of International law for the benefit of high states have limited their sovereign rights and the subjects of which comprise MS and their nationals
Costa v ENEL
MS have limited their sovereign rights creating a body of law binding themselves and their nationals. In the case of a conflict, MS needs to be set aside prioritising EU law
Internationale Handelsgesellschaft
Validity of a community measure cannot be affected by allegations it runs contrary to either fundamental constitutional rights of that state or principles of a constitutional structure
Simmenthal
National courts must set aside any provisions that conflict prior to or subsequent to the Community rule. Do not have to declare it unconstitutional, just need to set it aside.
R v SOS Evans Medical
Conflicting national laws can remain in place if it is necessary for compliance with international obligations agreed to prior.
Factortame
If the court would grant interim relief if not for national law then they must set aside that rule.
Commission v France
MS must not maintain conflicting rules even if they are not applied in practice.
INASTI
All courts within a MS are under a duty to give full effect to community law.
Minister o delle Finanze
National courts may still apply conflicting laws in a non-EU context. They do not need to be completely void.
Rosemarie Kapferer
National Court is not always obliged to review and set aside a final judicial decision which infringes EU law. Res judicata.
Articles 1-6
The constitution adopted by the institutions of the EU in exercising competences shall have primacy over the law of the MS.
Declaration 17
The treaties of the Union have primacy over MS law.
European Communities Act 1972 s2 (1)
Domestic Effect/Direct enforcement of directly effective EU law
European Communities Act 1972 s2 (2)
Implementation of EU law
European Communities Act 1972 s2 (4)
Interpretation of all UK legislation in light of EC Act 1972
European Communities Act 1972 s3
Compliance of UK courts with European Communities Act 1972
European Communities Act 1972
Basis for the recognition of supremacy of EU law over any conflicting domestic legislation, primary or delegated, prior or subsequent to the European Communities Act 1972
Harmonious Construction
Courts should interpret UK legislation in light of EU law even if it is not a literal interpretation - s2 (4).
Macarthys v Smith
Harmonious construction (unless Parliament had expressly intended to depart from EC law)
Garland v British Rail
Upheld harmonious construction
Factortame (no 2)
Duty of a UK court when delivering judgment to override any rule of national law found to be in conflict