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11 Cards in this Set
- Front
- Back
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Relationship between intl and Dm Law
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Dualist approach- requires mechanism to transponse intl law into domestic law.- Thoburn v Sunderland CC[2002]
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Member State Obligations under EU law
Early Treaties |
~Classical treaties that have to be implemented in domestic law
~Early treaties did not articulate the subservient relationship between EU and MS law. |
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Art 4(3)
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"Pursuant to the principle of sincere cooperation... the MS shall take any appropriate measure...to ensure fulfilment of the obligations arising out of the Treaties...[and] shall facilitate the achievement of the Union's tasks and refrain from any measure which could jeopardise the attainment of the unions objectives."
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Declaration 17 Lisbon Treaty
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"In accordance with well settled case law of the Court of Justice of the European Union, the Treaties and the law adopted by the Union on the basis of the Treaties have primacy over the law of MS, under the condition laid down by the said case law"
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Development of the principle
Costa v Enel [1964] |
Costa v Enel [1964]-" Treaty [...] could not, because of its special andoriginal nature, be overridden by domestic legal provisions, however framed,without being deprived of its character as Community law and without the legalbasis of the Community itself being called into question."
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Developing of Principle
Rational |
~Original EEC Treaty had created new legal order
~There must be uniform application of Community law by the MS ~MS have limited their sovereign rights. |
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International Handelgesellschaft mBh[1970]
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EU law prevails over the national constitutions of MS
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Amministrazione delle Finanze [1978]
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National courts should dis-apply conflicting domestic provisions whether adopted before or after EU provision.
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Factortame (No.1) [1991]
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"Supremacy... was certainly well established in the jursiprudence of the ECJ long before the UK joined the Community. Thus, whatever limitation of its sovereignty. Parliament accepted when it enacted the ECA 11972 it was entirely voluntary... it was the duty of a UK court to override any rule of national law found to be in inflict w/ any directly enforceable rule of Community law. -Lord Bridge
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MS Response to Supremacy
Solange I [1974] |
~Supremacy of EU law accepted as part of the constitution and not the EU legal order
~Transfer of sovereign powers and thus retain the power to decide on limits of the competences. ~Supremacy of EU law accepted over ordinary domestic laws but no precedence of EU law over constitution. |
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Current Position
Opinion of the Council Legal Service of 22 June 2007 |
"from the case-law of the Court of Justice that primacy of EC law is a cornerstone principle of Community specific nature of the European Community. " "The fact that principle of primacy will not be included in the future treaty shall not in any way change the existence if the principle and the existing case-law of the COJ" Dec 17 LT
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