Question 1

What important principle of EU law was established in the case of 6/64 Costa v ENEL?&#10;A) Direct effect of EU directives.&#10;B) The supremacy of EU law in a situation where there is a conflict between EU law and national law of a Member State.&#10;C) The principle of State liability under which a Member State can be liable for any loss suffered by an individual as a result of that State

Accepted Answer

The case of 6/64 Costa v ENEL established the principle of the supremacy of EU law over national law of Member States. This means that in situations where there is a conflict between EU law and national law, EU law takes precedence. This principle is fundamental to the functioning of the EU and ensures that EU law is applied consistently throughout all Member States.

Question 2

What happens if there is a conflict between EU law and national law enacted after the entry into effect of the Treaties for the relevant Member State?&#10;A) The later national law will take priority.&#10;B) The conflict must be settled according to the legal jurisprudence of the Member State.&#10;C) EU law prevails.

Accepted Answer

According to the principle of supremacy, EU law always takes priority over national law, regardless of when it was enacted. Therefore, in case of a conflict, EU law prevails.

Question 3

What argument was put forward in Case 106/77 Simmenthal as to why the Italian statute could not be set aside in favour of EU law by the referring court?&#10;A) Only the Italian Constitutional Court could set aside the statute.&#10;B) Only the Prime Minister of Italy could set aside the statute.&#10;C) Only the Italian Parliament could set aside the statute.

Accepted Answer

In Simmenthal, the Italian court referred the question to the ECJ on whether it could set aside an Italian statute that conflicted with EU law. The argument put forward was that since the Italian Constitution did not provide for the court to set aside national law in favour of EU law, only the Italian Constitutional Court had the power to do so. The ECJ rejected this argument and established the principle of the supremacy of EU law.

Question 4

In which case did Lord Bridge state - The terms of the Act of 1972 state that it is the duty of a UK court, when delivering final judgment, to override any rule of national law found to be in conflict with any direct enforceable rule of Community law

A) Case 42/74 Van Duyn
B) Case 152/84 Marshall
C) Case C-221/89 Factortame (No 2)

Accepted Answer

Lord Bridge made this statement in his ruling in the Factortame (No 2) case, which dealt with the supremacy of EU law over national law in the UK.

Question 5

Why has the acceptance of supremacy of EU law over national law proved a challenge for Germany?&#10;A) Germany is a dualist country and therefore Germany has a greater difficulty than monist countries to recognise the principle of supremacy of EU law.&#10;B) The German Federal Constitutional Court (BVerfG) wishes to guard its status as the highest court in Germany in respect of constitutional matters.&#10;C) The BVerfG has concerns about the protection of fundamental rights in EU law and reserve to itself ultimate jurisdiction to review the validity of EU acts and, to declare any EU ultra vires act inapplicable in Germany.

Accepted Answer

The BVerfG has expressed concerns about the protection of fundamental rights in EU law and reserves ultimate jurisdiction to review the validity of EU acts and declare any EU ultra vires act inapplicable in Germany. This has resulted in challenges to the acceptance of supremacy of EU law over national law in Germany. Germany being a dualist country has not been a major obstacle for accepting the principle of supremacy of EU law.

Deck 9: Supremacy of EU Law