LAW OF THE EU

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LAW OF THE EU

• WEEK 5
• SUPREMACY OF EU LAW

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SUPREMACY OF EU LAW

• Nature of EU legal Order
• Transfer of Sovereignty- Costa v Enel
• Supremacy of EU Law
• Direct Effect of EU law
• Direct Applicability of EU Law

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Supremacy of EU Law

• Supremacy or Primacy of EU law
• Is not stated in the founding treaties but
  established by the ECJ through its case-law.
• Costa v Enel EU law is superior to domestic law.
  Whenever there is a conflict with national law,
  national courts should apply EU law.

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Supremacy of EU Law

1. Internationale Handelsgesellschaft The
   constitutionality of EU law cannot be challenged
   by national constitutional courts. Therefore EU
   law should prevail over constitutional norms as
   well.
2. Simmenthal National judge should not apply any
   national law which is contrary to EU Law.

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Supremacy of EU Law

• Consequences of supremacy of EU law
• National judges should apply EU law and ignore
  national law.
• Constitutionality of EU law cannot be examined by
  national constitutional courts. EU law must be
  applied even if it is contrary to national
  constitution

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Supremacy of EU Law

1. Notion of Pre-emption If EU has a legislation in
   a certain area, then, MS are pre-empted from any
   subsequent legislation.
2. The legislative power of the national parliaments
   are limited in the areas where the EU
   institutions have competence