Supremacy Flashcards
Internationale Handels
Conflict between German Constitutional Court and ECJ - ECJ held that even a fundamental constitutional rule must give way to EU law which is directly applicable
Costa
Formed the basis for the doctrine of supremacy which had been alluded to in Van Gend
Simmenthal
Affirmed in Winner Wetten
Supremacy doctrine applies irrespective of whether the national law pre- or post-dates the EU law – an EU law can only be suspended so that the MS can rectify the violation where legal certainty is needed in public and private cases and only for the period of time necessary
Simmenthal (national bodies)
Factortame
Larsy
A lower court must give effect to EU law over national law even while waiting for a ruling from a higher court
Extended in F RE interim relief - rule of law must be set aside to give effect
Extended in L - not only national courts but admin. agencies
IN.CO.GE’90
The Simmenthal principle does not require national courts to inavlidate or annulify national law
Kapferer
Lucchini (questioning K)
Fallimento Olimpiclub (distinguishing both)
A national court is not always obliged to review and set aside a final judicial decision which infringes EU law - the ECJ appreciated the doctrine of res judicata – the relevant procedural rules must however comply with equivalence and effectiveness
Circumvented and precluded in L - F is middle ground
Raoul Georges Nicolo
Mme Perreux
Complete acceptance of supremacy of EU law following a doctrinal split in France – acceptance for both directives and regulations following complicated jurisprudence
Mlle Fraisse
The French courts have still not accepted that EU law is supreme over the Constitution itself
Honeywell
Subject to certain conditions, the German courts accept the supremacy of EU law
Internationale Handels
Solange II
The highest German court refused to accept the unconditionality of EU law because of the potential impact on fundamental rights enshrined in the Constitution
Qualified the above by saying that so long as the EU had not removed the ‘conflict of norms’ between EU & Const rights - would accept Sup
Brunner v European Union Treaty
‘Maastricht judgment’ which was a powerful judgment reminding the EU that they were not to stray beyond the powers conferred upon them by the MSs – they also reaffirmed that the acceptance of Supremacy was subject to certain conditions so as to breach basic constitutional rights
Lisbon Case
The identity lock - looked at the relationship between the German and EU legal orders, which essentially tried to carve out its own competence, its own wiggle from, outside of the control of the EU - this has been criticised by Halberstam
Factortame
Equal Opportunities Commission
Thoburn
EU law has been placed supreme following the ECA, however, this could be repealed and only operates where Parliament does not expressly derogate and in the areas where EU law is applicable
Melloni
Recent decision of Spanish constitution seems to have extended Simmenthal into even fundamental rights protection
