Eu - Supremacy: Structure

11 Questions | By Chriscullen | Updated: Mar 20, 2022 | Attempts: 93

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Hopefully a useful punt at Supremacy - sorry for any inconsistencies since it is the night/morning before the exam!

Questions and Answers

1.

There are two stances to supremacy, the CJEU stance, which is...
- A.
  
  That EU law has absolute internal supremacy over ALL national law and derives directly from the Treaties signed by ALL member states.
- B.
  
  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.
- C.
  
  The member states have ultimate authority to use or ignore the EU laws as they please.
2.

This CJEU case confirms the EU approach - that EU law prevails...
- A.
  
  Bruner
- B.
  
  Costa v ENEL
- C.
  
  Gauweiler
3.

And the National Constitutional Court Stance is...
- A.
  
  The member states have ultimate authority to use or ignore the EU laws as they please.
- B.
  
  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.
- C.
  
  That EU law has absolute internal supremacy over ALL national law and derives directly from the Treaties signed by ALL member states.
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?
- A.
  
  Krasnicka
- B.
  
  Sadurski
- C.
  
  Thoburn
- D.
  
  Handelsgesellschaft
5.

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.
- A.
  
  Brasserie
- B.
  
  Sadurski
- C.
  
  Gauweiler
- D.
  
  Bruner
6.

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.
- A.
  
  Gauweiler
- B.
  
  Bruner
- C.
  
  Sadurski
- D.
  
  Macarthys
7.

Here's a good point to focus on the Treaty of Lisbon... ARTICLE 4(2) does what...
- A.
  
  Makes the EU respect Member State consitutions when law-making
- B.
  
  Makes Member State respect and comply with EU laws
- C.
  
  Gives EUCFR legal status
8.

TOL ARTICLE 6(1) does what...
- A.
  
  Makes the EU respect Member State consitutions when law-making
- B.
  
  Makes Member State respect and comply with EU laws
- C.
  
  Gives EUCFR legal status
9.

TOL ARTICLE 6(2) does what...
- A.
  
  Makes the EU respect Member State consitutions when law-making
- B.
  
  EU to sign up to the European Convention on Human Rights
- C.
  
  Gives EUCFR legal status
10.

TOL ARTICLE 6(3) does what...
- A.
  
  MS right to leave the EU
- B.
  
  Fundamental rights in the national consitutions to form part of the EU's general principles
- C.
  
  Member state to respect EU laws
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.
- A.
  
  Macarthy's v Smith
- B.
  
  Thoburn
- C.
  
  Factortame