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Primacy
Flashcards to help with the topic primacy
11
Law
Undergraduate 1
06/08/2018

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Cards

Term
Which Article explains Primacy?
Definition
Article 4 of the TEU
Term
Van Gend En Loos
Definition
"Constituted a new legal order" and "limited the Member States sovereign rights"
Term
Costa V ENEL
Definition

National law = overridden by international law

If national law overrides international law this would deprive the community of its character. 

Term
What declaration shows primacy?
Definition
Declaration (no.17) concerning primacy
Term
Simmenthal
Definition

Italy imposes a public health check on French imported meat under national law made in 1970. 

Community law in 1964 and 68 contradicted this. 

ECJ held that that national courts should give full effect to EU law, even if the national law was created after 

Term
Solange (1)
Definition

German constitutional courts debated whether EU law could override fundamental rights in basic german law. 

held: it can.

However, the EU respects fundamental rights. 

Look to article 6 of TEU. 

Term
Nord V commission
Definition

Evident to see that ECJ was bound to draw inspiration from the constitution traditions common to the member states. 

ECJ cannot uphold measures which are incompatible with fundamental rights recognised as protected in the constitutions. 

Term
What are the main problems against primacy?
Definition

Fundamental rights (Solange) 

National constitutional identity (Macarthys Ltd v Smith) - dealt with in Art 4 TEU

Term

Macarthys Ltd v Smith

Lord Dennings judgement

Definition

He would think that Parliament would choose to follow the statute of their own parliament rather than follow treaties or provisions made by the EU 

Parliamentary sovereignty 

Term

Factortame (no.2)

Lord Bridge dissenting:

Definition
it was voluntary to accept the limitations on the sovereignty of Parliament entailed in the European Communities Act, and the UK joined this willingly knowing that when delivering a final judgement, Community law is directly enforceable and the act has always been clear with this.
Term
What section of the European Union Act further backs up primacy?
Definition

Section 18.

Directly applicable or effective EU law falls to be recognised and available in law in the UK.

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