Supremacy

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  • Created by: Edward
  • Created on: 25-02-16 09:19
Costa v ENEL (1964)
CJEU: MSs have limited their sovereignty or transferred powers to the Union – Union law is supreme- CJEU created a power that has allowed ind’s to enforce EU law in their national courts
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Simmenthal (1978)
The provisions of Union law ‘are an integral part of, and take precedence in, the legal order applicable in the territory of each of the MSs’.
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Ex p Factortame (No 2) (1989)
Union law wil prevail over inconsistent UK leg’n, even where that leg’n has been enacted by Parl subsequent to the entry into force of the Union rule
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McWhirter (1971)
Lord Denning: without the ECA 1972, the EC Treaty and Community leg’n would have been binding on the UK in international laws, but would have NO effect internally
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Card 2

Front

The provisions of Union law ‘are an integral part of, and take precedence in, the legal order applicable in the territory of each of the MSs’.

Back

Simmenthal (1978)

Card 3

Front

Union law wil prevail over inconsistent UK leg’n, even where that leg’n has been enacted by Parl subsequent to the entry into force of the Union rule

Back

Preview of the back of card 3

Card 4

Front

Lord Denning: without the ECA 1972, the EC Treaty and Community leg’n would have been binding on the UK in international laws, but would have NO effect internally

Back

Preview of the back of card 4

Card 5

Front

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Back

Preview of the back of card 5
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