P6; CH1: Primacy of Union Law

Question 1

Why is the doctrine of primacy a construct of the ECJ?

Answer 1

Because the duty to apply the acquis in case of conflicting domestic provisions is not explicitly found in the Treaties

Question 2

What is the Doctrine of Primacy of Union Law?

Answer 2

It’s a doctrine based on the Monist scheme, that affirms not only the integration of EU law in national systems, but also the multiple constraints over national law.

Treaties became an integral of National legal systems, that MS are bound to apply, resulting in a permanent limitation of sovereign rights.

Derogating EU Law undermines EU Common objectives (uniformity)

Reference: COSTA V. ENEL

Question 3

What are the consequences of the Doctrine of Primacy of Union Law?

Answer 3

TWOFOLD OBLIGATION ON NATIONAL AUTHORITIES
1. Exclusionary effect
2. Substitutionary effect

Question 4

Principle of reversibility of conferred competences

Answer 4

Introduces