7. Supremacy and Direct Effect Flashcards
What are the two backbone principles of the EU legal system that underpin its autonomy and integration?
The two backbone principles of the EU legal system are supremacy and direct effect.
Why are direct effect and primacy considered necessary from a practical perspective within the context of cooperative federalism in the EU?
Direct effect and primacy are necessary to solve conflicts between EU and national law in a system of cooperative federalism.
Are the principles of direct effect and primacy explicitly stated in the EU Treaties?
No, direct effect and primacy are not in the Treaties but developed by case law.
How does the principle of primacy of EU law differ from the principle of pacta sunt servanda in public international law (PIL)?
The primacy of EU law goes beyond pacta sunt servanda in PIL because EU law establishes its own relationship with national law (autonomy), whereas in classic international law, Member States (MS) decide how to resolve conflicts.
What was the key ruling in the Costa v ENEL case (6/64) regarding the supremacy of EU law?
In Costa v ENEL, the Court of Justice of the European Union (CJEU) enshrined the ‘meta-principle’ of autonomy, stating that EU law has the competence to resolve conflicts with national law, even if the national law is later in time (lex posterior).
What are the main arguments put forth to support the principle of supremacy of EU law?
The main arguments for supremacy include: Effectiveness, Unconditionality and irrevocability of MS obligations, Direct applicability of EU law within national legal orders, Permanence of transfer of competences limiting national sovereignty, Equality of MS before Treaties (Art. 4(2) TEU).
What are the two sides to the principle of primacy?
The two sides to the principle of primacy are supremacy (abstract prevalence) and pre-emption (obligation to disapply conflicting national provisions).
Explain the concept of ‘abstract prevalence’ in the context of EU law supremacy.
Abstract prevalence means the prevalence of EU law over national law regardless of whether the EU law provision has direct effect. It is not a matter of hierarchy, as EU law is autonomous.
What is ‘pre-emption’ in the context of EU law?
Pre-emption is the obligation of national authorities to give full effect to EU law by disapplying conflicting national provisions. This obligation was established in the Simmenthal case (106/77).
Under what conditions are national authorities empowered to directly disapply national provisions contrary to EU law (pre-emption)?
National authorities can disapply conflicting national provisions if: The national legislation cannot be interpreted in compliance with the requirements of EU law, The EU law provision has direct effect.
Does the supremacy of EU law extend to national constitutions?
Yes, the supremacy of EU law extends over all national rules, including constitutions, as established in cases like Internationale Handelsgesellschaft (11/70).
What is the role of national courts in ensuring the pre-emption of conflicting national law?
National courts have a decentralised system of EU law judicial review. They are obligated to disapply national provisions that conflict with directly effective EU law; they do not need to wait for a constitutional court to rule on the national provision’s validity.
Does pre-emption require national authorities to annul conflicting national provisions?
No, pre-emption does not entail annulment by national authorities. It involves disapplying the national provision in the specific case.
What is the principle of direct effect in EU law?
Direct effect means that certain provisions of EU law can create rights and obligations directly for individuals, which they can then invoke before national courts.
What were the key arguments put forth by the CJEU in Van Gend en Loos (26-62) to establish the principle of direct effect?
The CJEU’s arguments in Van Gend en Loos were: Legal-political, Citizenship, Judicial.
What are the conditions that an EU law provision must generally meet to have direct effect?
An EU law provision must be: Sufficiently clear and precise, Unconditional.
What is the difference between direct applicability and direct effect?
Direct applicability refers to EU law automatically becoming part of national law, while direct effect concerns whether individuals can directly invoke rights and obligations derived from an EU law provision before national courts.
What is ‘vertical direct effect’?
Vertical direct effect means that individuals can invoke sufficiently clear, precise, and unconditional provisions of EU law against the state.
What is ‘horizontal direct effect’?
Horizontal direct effect means that individuals can invoke sufficiently clear, precise, and unconditional provisions of EU law against other individuals or private entities.
What is ‘quasi-horizontal direct effect’?
Quasi-horizontal direct effect is a concept used in the context of fundamental freedoms in the internal market where rules apply to both state action and bodies regulating these freedoms.
How is EU law applied within the Member States on an institutional level?
On an institutional level, EU law is applied in MS by national institutions (executive, judicial, and legislative).
How is EU law enforced on a procedural level within the Member States?
On a procedural level, EU law is enforced according to existing national rules of procedure, limited by the principles of effectiveness and equivalence.
What is the duty of consistent interpretation (or indirect effect)?
The duty of consistent interpretation requires national authorities to interpret all national rules in conformity with all provisions of EU law from the date of its adoption.
What are the limits to the obligation of consistent interpretation?
The limit to consistent interpretation is the impossibility of interpreting national law contra legem.
