Supremacy Flashcards

(10 cards)

1
Q

Which case established the principle of EU law supremacy?

A

Costa v Enel

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2
Q

What does the principle of EU law supremacy mean?

A

EU law takes precedence over national law in areas of EU competence

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3
Q

Which EU institution ensures the enforcement of the supremacy of EU law?

A

European Court of Justice

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4
Q

What happens when there is a conflict between national law and EU law?

A

EU law must be set aside by national courts

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5
Q

Which case confirmed that national courts must disapply conflicting national laws?

A

Factortame

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6
Q

Does the principle of supremacy apply to all areas of law?

A

No, only in areas where the EU has competence

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7
Q

How do national constitutional courts typically react to EU law supremacy?

A

They sometimes impose limits, citing national constitutional identity

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8
Q

Which legal basis in the EU treaties underpins the principle of supremacy?

A

Article 4(3) TEU

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9
Q

Which case established that national courts must set aside incompatible national law without waiting for its formal repeal?

A

Simmenthal

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10
Q

Which case confirmed that national courts cannot declare EU acts invalid?

A

Foto-Frost

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