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Eu - Supremacy: Structure

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

Questions: 11 | Attempts: 101 | Last updated: Jan 23, 2024

Sample Question 1
There are two stances to supremacy, the CJEU stance, which is...

That EU law has absolute internal supremacy over ALL national law and derives directly from the Treaties signed by ALL member states.

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.

The member states have ultimate authority to use or ignore the EU laws as they please.

Sample Question 2
This CJEU case confirms the EU approach - that EU law prevails...

Bruner

Costa v ENEL

Gauweiler

Sample Question 3
And the National Constitutional Court Stance is...

The member states have ultimate authority to use or ignore the EU laws as they please.

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.

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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Sample Question
What is the main purpose of the Competition Law?

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Explore the concept of Indirect Effect within EU Law, focusing on its structure and judicial application. Understand when to consider Indirect Effect, its advantages, limitations, and key cases like Duke and Marleasing that...

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Sample Question
When should Indirect Effect (Consistent Interpretation) be considered in the exam?

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