week 2: Primacy/Supremacy of EU law

Question 1

What does the principle of the primacy (supremacy) of EU law state?Primacy/Supremacy of EU law

Answer 1

The principle of primacy of EU law states that in cases of conflict between EU law and national law, EU law prevails.

Question 2

Which landmark case first established the supremacy of EU law?

Answer 2

The landmark case Costa v. ENEL (1964) first established the supremacy of EU law

Question 3

What does the supremacy of EU law imply for national courts faced with conflicting national legislation?

Answer 3

National courts must apply EU law and set aside any conflicting national legislation, even if it was enacted later.

Question 4

Explain briefly the “executive nature” of the supremacy of EU law according to Schütze.

Answer 4

the executive nature of EU law supremacy means that conflicting national law is not invalidated but simply disapplied or set aside by national courts. The conflicting national law remains formally valid but cannot be applied in cases involving EU law.

Question 5

Does the supremacy of EU law extend to national constitutional law?

Answer 5

Yes, according to the CJEU’s case law, the supremacy of EU law extends to all national law, including national constitutional law.

Question 6

Can a national court invalidate national legislation on the basis of EU law supremacy? Why or why not?

Answer 6

No, national courts cannot invalidate or repeal national legislation based on EU law supremacy. They can only disapply or not apply national law when there is a conflict with EU law, as the supremacy doctrine is executive in nature, not legislative or constitutional.

Question 7

How does the concept of supremacy differ from direct effect?

Answer 7

Supremacy addresses what happens when there is a conflict between EU law and national law, establishing that EU law prevails. Direct effect, however, addresses whether EU law provisions can be directly invoked by individuals before national courts. Supremacy is about resolving conflicts, whereas direct effect is about enforceability of EU law by individuals.

Question 8

Can Member States limit or reject the principle of EU law supremacy through their national constitutions? Explain briefly.

Answer 8

From the EU perspective, Member States cannot limit or reject EU law supremacy through national constitutions. However, from the national perspective, some constitutional courts reserve the right to limit EU supremacy based on national constitutional principles, creating potential tensions between EU and national constitutional frameworks.

Question 9

Why did the CJEU in Costa v. ENEL argue that EU law must prevail over national law?

Answer 9

The CJEU argued in Costa v. ENEL that the EU constituted an autonomous legal order created by Member States transferring sovereign powers to the EU. Allowing national law to override EU law would undermine the effectiveness, uniformity, and objectives of EU law, making European integration meaningless.

Question 10

In which situations is doctrine of primacy of EU law over national law relevant?

Answer 10

• In case of conflict EU law prevails over national law
  If national court or administrative body dealing w legal case where national law conflicts w EU law -> must not apply national law

    ○ Assume a national law prescribes A, but EU law prescribes B
        -  they are in conflict 
        - Which of 2 laws should be applied? This problem solved by doctrine of primacy (supremacy) of EU law over national law

  → Case: Van Gend en Loos (1963):
  ○ Conflict b/w EU and national law:
  - Dutch rules required Van Gend en Loos to pay customs duties for import of goods from Germany to NL
  - EU law Article 30 TFEU prohibits MS from charging any customs dutiesVan Gend en Loos challenged Dutch legal order before Dutch national judge
  Doctrine of primacy of EU law: Judge must apply only EU rules not the conflicting EU rules