Eu - Supremacy: Structure

The explanation for the given correct answer is that according to the CJEU stance, EU law holds absolute internal supremacy over all national laws. This means that EU law takes precedence over any conflicting national laws within member states. This supremacy is derived directly from the Treaties signed by all member states, which establishes the legal framework for the European Union. While member states have the authority to use or ignore EU laws, they are still obligated to comply with EU law and may only ignore it in cases of inconsistency with their own constitutional laws.

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.

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.

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.

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.

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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.

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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.

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.

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