DE and Supremacy

Question 1

authority, scope.

Direct Effect:

Answer 1

Authority:
Van Gend en Loos
- authority for direct effect
- stated MS had limited their sovereign rights (alluding to primacy but not really tackling it).
- VGL was importating urea-formaldihyde from Germany to Netherlands
- charged import duty
- discovered import duty was higher than some years before.
- Art 12 EEC Treaty: stated MS should refrain from introducing new customs duties.
Issue: can individual rely on international agreement.
- VGL allowed for individuals to bring claims against MS (this is DE)
-

SCOPE:
for Treaty article to have DE it must be:
- clear
- precise
- unconditional

Question 2

Direct Effect

Answer 2

def: capacity of norm of Union law to be applied in domestic court proceedings.

conditions:
- intended to confer rights on individuals
- clear and precise
- unconditional
- (does not necessitate further measures)

Question 3

Supremacy

Answer 3

Costa v Enel 1964 (authority)
- costa (shareholder of electric company) decided not to pay electricity bill
- Italy (dualist country) -
- established supremacy of EU community law over national laws of MS

principle of primacy:
- law stemming from treaty cannot be overridden by domestic legal provision, however framed, without depriving the treaties of its character.

Why?
- Art 288 TFEU would be meaningless if States could go around it.

• 1)EU law should have primacy bc flowed from agreement to join Union
• 2) aims of traty could not be achieved unless primacy was accorded to EU law by all MS. (thus MS must apply union law).
• 3) if MS could unilaterally take precedence over EU law this would lead to discrimination in application of EU law between MS.
• 4) Art 288 TFEU (regulations are directly applicable) MS obligations are unconditional, if MS were allowed not to follow this would

in practice:
- EU legal order: impossible for MS to accord precedent unilaterally to a subsequent measure (effectiveness)
- executive force of EU law cannot vary from one state to another (Uniformity)

Question 4

supremacy in action

Answer 4

simmenthal: (authority)
- declared primacy doctrine applied irrespective of time of legislation enactment.
- primacy must be applied by all national courts

courts should apply union law where: there is conflict of MS and Union law.
- national courts called upon to apply community law is under duty to give full effect to those provisions,
- if necessary refusing MS legislation (refuse to apply it in the given case)
- courts do not have to wait to set aside MS legislation by legislation or other constitutional means)

• where a conflict between union and MS law arises MS must give immediate effect to EU law w/out awaiting prior ruling of constitutional courts.
• applicable to national administrative authorities and national courts.

Question 5

Horizontal Effect: