Supremacy Flashcards
Why is supremacy important?
- Guarantees uniform application of EU law
- Prevents MSs from pursuing self-interest legislation
- Ensures Treaty rights for all EU citizens e.g. Free movement
What is the origin of the principle of EU supremacy?
Judicial concept developed through teleological reasoning of CJEU. NOT IN THE TREATIES.
What principle (found in Art 4(3) TEU) does supremacy arise from?
The principle of solidarity.
‘…Member States shall take any appropriate measure, general or particular, to ensure fulfilment of the obligations arising out of the Treaties or resulting from the acts of the institutions of the Union’
Which declaration affirms the primacy of EU law?
Treaty of Lisbon Declaration 17 Concerning Primacy
Where is it stated that ‘primacy of EC law is a cornerstone principle of Community law’?
“Opinion of the Council Legal Service 22 June 2007 - found below Declaration 17 Concerning Primacy
What did Van Gend en Loos [1963] establish regarding the supremacy of EU law?
‘…the Community constitutes a new legal order of international law for the benefit of which the states have limited their sovereign rights, albeit within limited fields, and the subjects of which compromise not only Member States but also their nationals.”
- New legal order
- Available to be enforced by individuals in national court
What did Costa v ENEL [1964] confirm?
MSs have limited their sovereign rights and ‘created a body of law which binds both their nationals and themselves’. Confirmed supremacy of EU law over national legislation (about nationalisation of Italian energy company contrary to Treaty). Also demonstrates that implied repeal principle does not apply.
Which case established that EU law (even a regulation) is not subject to the requirements of national constitutions?
Internationale Handelsgesellschaft [1970]
Which case confirms that the supremacy of EU law overrides the principle of parliamentary sovereignty?
Ex parte Factortame [1990]
CJEU - must grant suspension of Merchant Shipping Act regardless of national rules (as could be incompatible with EU law)
How does the European Communities Act 1972 s.2(1) incorporate EU legislation into English law?
“All rights, powers, liabilities, obligations and restrictions…arising…under…the Treaties are without further enactment to be given legal effect or used in the United Kingdom and shall be recognised and available in law, and be enforced, allowed and followed accordingly…”
Give an example of an English case which has affirmed the supremacy of EU law?
Factortame (No.2) [1991] where stated that supremacy of EU law was well established by CJEU before UK joined EU and so voluntary limitation of parliamentary sovereignty.
Which case established that EU law is supreme regardless of whether national law pre-dates or post-dates it?
Simmenthal
Which case established that even if the Constitutional court was the only national court empowered to pronounce the constitutionality of a national law, the other national court where the dispute arose must give immediate effect to EU law without waiting prior ruling of constitutional court?
Simmenthal
