The Supremacy of EU Law and General Principles

Question 1

Costa v ENEL

Answer 1

EU law has primacy over national law passed after EU law

EU membership entails ‘a permanent limitation of sovereign rights, against which a subsequent unilateral act, incompatible with the [aims of the EU] cannot prevail’

Question 2

Van Gend en Loos

Answer 2

EU law has primacy over national law passed before EU law

Question 3

Internationale Handelsgesellschaft

Answer 3

The supremacy of EU law applies even in cases concerning a nation’s constitution

Question 4

Mangold, Seda Kucukdeveci

Answer 4

The ECJ has also held that, as well as EU legislation itself, general principles of EU law – such as equality and proportionality – prevail over national law

Question 5

Amministrazione Delle Finanze

Answer 5

All national courts can set aside any provisions of national law which conflict with EU law, they do not have to wait for higher courts or their legislature to do so

Question 6

Factortame No 2

Answer 6

Where courts are required to do something by EU law, but are prevented from doing so by a national rule, the rule must be set aside and the EU law enforced

Question 7

Marshall No 2

Answer 7

After breaches of EU law, states are required to provide remedies to the injured parties which are equivalent to the protection afforded in national law, and effectively compensate their damages

Question 8

Article 6 TEU

Answer 8

The Charter of Fundamental Rights has the same legal weight as the Treaties

Question 9

R v Kirk (context of ECHR)

Answer 9

Although the ECHR is not EU law, given that all EU members are signatories to the convention, the ECJ will generally respect convention provisions if they are invoked in the context of EU law

Question 10

Article 5 TEU, Fedesa

Answer 10

The principle of proportionality is established in Article 5 TEU, and defined by the ECJ in Fedesa as:
• Measure must be appropriate and suitable to meet the objective
• Measure must be necessary to meet the objective
• Measure must not go further than is required to meet the objective

Question 11

Luciano Arcaro

Answer 11

ECJ upheld principle of legal certainty in the context of reasonable expectations

Question 12

R v Kirk (context of legal certainty)

Answer 12

ECJ upheld principle of legal certainty in context of non-retroactivity of legislation