PRIMACY OF EU LAW

Question 1

INTRO

Answer 1

• legal order of EU law is unique with roots in public international law
• evolved to an autonomous legal order
• key principles on resolution of conflicts with national laws of MS and enforcement doctrines developed by the courts of justice
• declaration no 17 states primacy

Question 2

ENFORCEMENT DOCTRINES

Answer 2

• primacy
• direct effect
• indirect effect
• state liability

Question 3

PRIMACY (SUPREMACY)

Answer 3

• doctrine governs resolution of conflicts between EU and national law
• origins: case law of court of justice
• codification attempt failed
• domestic law: almost all MS have constitutional provisions governing relations between EU and national law
• reaction: primacy accepted but in majority of cases only over acts of parliament not national constitutions

Question 4

FIRST CASE

Answer 4

• Costa v ENEL is the first case that laid foundations of principle of primacy
• stated that law from treaties could not be overridden

Question 5

OTHER CASES

Answer 5

• case 11/70 internationale handelsgesellschaft EU law prevails in case of conflict with any national law inc. domestic constitution
• 106/77 Simmenthal II a national court has obligation to set aside national law and apply EU law
• 103/88 constanzo v comune di Milano national administrative authorities also must set aside national law in case of conflict with EU law

Question 6

SUMMARY

Answer 6

• all binding sources of EU law are covered by doctrine of primacy such as: TFEU charter of fundamental rights regulations directives framework decisions international treaties and legal acts adopted on their basis
• extends to all provisions of domestic law inc national constitutions which is problematic
• doctrine of primacy applies to generally applicable legislation eg legal acts that apply to everyone and individual administrative decisions c-224/97
• principle of primacy binds all state authorities domestic courts local authorities and tax or competition authorities