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LAW OF THE EU

WEEK 5SUPREMACY OF EU LAW

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SUPREMACY OF EU LAW Nature of EU legal Order1. Transfer of Sovereignty- Costa v

Enel2. Supremacy of EU Law3. Direct Effect of EU law4. Direct Applicability of EU Law

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Supremacy of EU Law Supremacy or Primacy of EU law Is not stated in the founding

treaties but established by the ECJ through its case-law.

1. Costa v Enel: EU law is superior to domestic law. Whenever there is a conflict with national law, national courts should apply EU law.

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Supremacy of EU Law

2. Internationale Handelsgesellschaft: The constitutionality of EU law cannot be challenged by national constitutional courts. Therefore EU law should prevail over constitutional norms as well.

3. Simmenthal: National judge should not apply any national law which is contrary to EU Law.

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Supremacy of EU Law Consequences of supremacy of

EU law:1. National judges should apply EU

law and ignore national law.2. Constitutionality of EU law cannot

be examined by national constitutional courts. EU law must be applied even if it is contrary to national constitution

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Supremacy of EU Law

3. Notion of Pre-emption: If EU has a legislation in a certain area, then, MS are pre-empted from any subsequent legislation.

4. The legislative power of the national parliaments are limited in the areas where the EU institutions have competence