Eu - Supremacy: Structure
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There are two stances to supremacy, the CJEU stance, which is...
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That EU law has absolute internal supremacy over ALL national law and derives directly from the Treaties signed by ALL member states.
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Authority flows from the member state; however it is still supreme, however the member state are entitled to ignore inconsistencies from the EU with their constitutional laws.
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The member states have ultimate authority to use or ignore the EU laws as they please.
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Hopefully a useful punt at Supremacy - sorry for any inconsistencies since it is the night/morning before the exam!
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- 2.
This CJEU case confirms the EU approach - that EU law prevails...
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Bruner
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Costa v ENEL
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Gauweiler
Correct Answer
A. Costa v ENELExplanation
Costa v ENEL is a CJEU case that confirms the EU approach that EU law prevails over national law. In this case, the CJEU ruled that EU law is an integral part of the national legal systems of EU member states and takes precedence over conflicting national laws. This decision established the principle of the supremacy of EU law, ensuring its uniform application and effectiveness across all member states.Rate this question:
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- 3.
And the National Constitutional Court Stance is...
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The member states have ultimate authority to use or ignore the EU laws as they please.
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Constitutional law has supremacy over EU law, as the EU law is only enacted because of the National constitution. As far as the NCC are concerned, in a conflict the National Constitutional Law will be favoured over EU law.
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That EU law has absolute internal supremacy over ALL national law and derives directly from the Treaties signed by ALL member states.
Correct Answer
A. Constitutional law has supremacy over EU law, as the EU law is only enacted because of the National constitution. As far as the NCC are concerned, in a conflict the National Constitutional Law will be favoured over EU law.Explanation
The answer states that constitutional law has supremacy over EU law because EU law is only enacted because of the national constitution. The National Constitutional Court (NCC) will favor national constitutional law over EU law in case of a conflict. This means that member states have the ultimate authority to use or ignore EU laws as they please, as long as it aligns with their national constitution.Rate this question:
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- 4.
There are three national approaches we need to be able to discuss; Poland, Germany and the UK so we'll quiz you on all three in turn! POLAND Poland, like the other states, adopt the view that EU law is dependant on the national constitution opting membership with the EU. What's the name of the Journal Article that confirms Poland's unfriendly tone - but in practice they apply the law consistently with EU law?
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Krasnicka
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Sadurski
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Thoburn
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Handelsgesellschaft
Correct Answer
A. Sadurski -
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GERMANY Again, Germany took a destructive approach, suggesting that sovereignty lies with the German Constitution, however they do give supremacy to ordinary German law. This case focuses on the unfriendly approach, even to the extent of declaring their right to subject EU law to an ultra-vires review if their legal protection cannot be secured at EU level.
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Brasserie
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Sadurski
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Gauweiler
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Bruner
Correct Answer
A. Bruner -
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GERMANY This case emphasised that, although they would have no option but to apply consitutional law over EU law, there is very little scope for conflict since the Treaty of Lisbon.
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Gauweiler
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Bruner
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Sadurski
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Macarthys
Correct Answer
A. GauweilerExplanation
The case mentioned in the question highlighted that even though Germany is required to prioritize constitutional law over EU law, there is minimal potential for conflict since the Treaty of Lisbon. The name "Gauweiler" is the correct answer, but the explanation does not provide any further context or details about the case or the significance of Gauweiler.Rate this question:
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- 7.
Here's a good point to focus on the Treaty of Lisbon... ARTICLE 4(2) does what...
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Makes the EU respect Member State consitutions when law-making
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Makes Member State respect and comply with EU laws
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Gives EUCFR legal status
Correct Answer
A. Makes the EU respect Member State consitutions when law-makingExplanation
Article 4(2) of the Treaty of Lisbon establishes a principle that the EU must respect the constitutions of its Member States when making laws. This means that the EU cannot pass laws that contradict or undermine the constitutional provisions of its Member States. This provision ensures that the EU operates within the boundaries set by the national constitutions and respects the sovereignty of its Member States in matters of law-making.Rate this question:
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- 8.
TOL ARTICLE 6(1) does what...
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Makes the EU respect Member State consitutions when law-making
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Makes Member State respect and comply with EU laws
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Gives EUCFR legal status
Correct Answer
A. Gives EUCFR legal statusExplanation
Article 6(1) gives the European Union Charter of Fundamental Rights (EUCFR) legal status. This means that the EUCFR is recognized and has binding legal force within the EU. It ensures that the rights and principles outlined in the charter are respected and upheld by the EU institutions and member states when making and implementing laws.Rate this question:
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- 9.
TOL ARTICLE 6(2) does what...
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Makes the EU respect Member State consitutions when law-making
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EU to sign up to the European Convention on Human Rights
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Gives EUCFR legal status
Correct Answer
A. EU to sign up to the European Convention on Human RightsExplanation
ARTICLE 6(2) of the EU does not make the EU respect Member State constitutions when law-making or give the EUCFR legal status. Instead, it refers to the EU signing up to the European Convention on Human Rights. This means that the EU would agree to be bound by the rights and obligations outlined in the Convention, ensuring that human rights are protected within the EU.Rate this question:
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- 10.
TOL ARTICLE 6(3) does what...
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MS right to leave the EU
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Fundamental rights in the national consitutions to form part of the EU's general principles
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Member state to respect EU laws
Correct Answer
A. Fundamental rights in the national consitutions to form part of the EU's general principlesExplanation
Article 6(3) of the EU treaty states that fundamental rights in the national constitutions of member states should be considered as part of the EU's general principles. This means that the EU recognizes and respects the fundamental rights enshrined in the national constitutions of its member states and incorporates them into its own principles. It ensures that member states are obligated to uphold and abide by EU laws, including the protection of fundamental rights.Rate this question:
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- 11.
UNITED KINGDOM This (Public Law) case requires that, because of the European Communities Act 1972, the UK must give priority to EU law. However - if the UK deliberately and expressly repeal the EU law, the courts would be duty-bound to follow the statute. Where ordinary legislation can be impliedly repealed, consitutional legislation must be expressly repealed - but the point is, they can still be repealed.
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Macarthy's v Smith
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Thoburn
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Factortame
Correct Answer(s)
A. Macarthy's v Smith
A. Thoburn
A. Factortame -
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Jan 23, 2024Quiz Edited by
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May 07, 2012Quiz Created by
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