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Outline Answer for Supremacy of EU Law
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SUPREMACY OF EU LAW – REVISION STRUCTURE- Supremacy of EU Law Definition = when national law comes into conflict with
EU law, EU law prevails – it was created by the CJEU, who is a supranational
institution and they did this through judicial activism - the supremacy of EU
law is a way of ensuring uniformity, legal certainty but also the effectiveness
of EU law - the doctrine of supremacy of EU law is not mentioned in any
treaties – similar to supremacy of EU law direct effect of EU law ensures
uniformity and its there to attempt the union closer together (similar to
supremacy of EU law)
CJEU’s Perspective on Supremacy of EU law
- Van Gend = established that EU law is a new legal order of international law
- Cloots = supremacy of EU law is different from orthodox international law -
the effects of EU law are not determined by the national law, but by EU law
(as interpreted by CJEU)
- Costa = established the supremacy of EU law – the supremacy doctrine was
built on the ‘new legal order’
~ clash between EU and Italian national law – whether Italian national law
applies or EU law – held that EU law prevails wherever there is a conflict
between national law and EU law
~ the case set out reasons for supremacy of law:
= its own legal system with real powers
= EU law binds member states and their nationals
Scope of the doctrine of Supremacy of EU law
- Handelsgesellschaft = reaffirmed the case of Costa and extended the
scope, stating that not only does EU law prevail over national law, but also
prevails over constitutional law
~ conflict between German constitutional law and EU law – held that EU law
prevails
- Simmenthal = established that where there is conflict between newer national
law and older EU law, EU law prevails – national courts are empowered to
disapply incompatible national law
~ conflict between newer Italian national law and EU law – held that national
courts can disapply national law and do not have to follow higher courts,
which takes away power from higher courts – instead they can follow EU law
~ this implies that EU law undermines national law
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