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Lernmaterialien für EU Constitutional Law an der University College Cork

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Directive:

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requires member states to achieve a particular result
without dictating the means of achieving that result

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What is meant by primacy of EU law (or supremacy)?
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If there is a conflict between EU law and the law of MS, EU law prevails 

supremacy phenomenon:
The law stemming from the treaty, cannot, because of its special and original nature, be overriden by domestic legal provisions, however framed.

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Regulation:

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immediately enforceable as law in all member
states simultaneously

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What case established the following concept: 

by creating a community of unlimited duration, having its own institutions, its own personality, its own legal capacity and capacity of representation on the international plane and, more particularly, real powers stemming from a limitation of sovereignty or a transfer of powers from the states to the community, the member states have limited their sovereign rights, albeit within limited fields, and have thus created a body of law which binds both their nationals and themselves.

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Case 6/64 Costa v. ENEL 

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Case 26/62 Van Gend en Loos stated that the objective of the EEC treaty was to 

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establish a common market, the functioning of which is of direct concern to interested parties in the community

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What concept did Case 11/70 Handelsgesellschaft establish?

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the validity of a community measure or its effect within a member state cannot be affected by allegations that it runs counter to either fundamental rights as formulated by the constitution of that state or the principles of a national constitutional structure

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Case 26/62 Van Gend en Loos  established what principle?

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the community constitutes a new legal order of international law 

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What case gave this judgment:

“bodies called upon, within the exercise of their respective powers, to apply EU law are obliged to adopt all the measures necessary to ensure that EU law is fully effective, disapplying if need be any national provisions or national case-law that are contrary to EU law. This means that those bodies, in order to ensure that EU law is fully effective, must neither request nor await the prior setting aside of such a provision or such case-law by legislative or other constitutional means.”

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In Gauweiler (C-62/14), the ECJ gave the opinion that...

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it seems to me an all but impossible task to preserve this Union, as we know it today, if it is to be made subject to an absolute reservation, ill-defined and virtually at the discretion of each of the Member States, which takes the form of a category described as ‘constitutional identity’. That is particularly the case if that ‘constitutional identity’ is stated to be different from the ‘national identity’ referred to in Article 4(2) TEU

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which case established this concept?


it must be added that the full effectiveness of community law would be just as much impaired if a rule of national law could prevent a court seised of a dispute governed by community law from granting interim relief in order to ensure the full effectiveness of the judgment to be given on the existence of the rights claimed under community law. It follows that a court which in those circumstances would grant interim relief, if it were not for a rule of national law, is obliged to set aside that rule.

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Case C-213/89 Factortame I 

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Case 106/77 Simmenthal established what concept 

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a national court which is called upon, within the limits of its jurisdiction, to apply provisions of community law is under a duty to give full effect to those provisions, if necessary refusing of its own motion to apply any conflicting provision of national legislation, even if adopted subsequently, and it is not necessary for the court to request or await the prior setting aside of such provision by legislative or other constitutional means.

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Which case established the following concept:

the transfer by the states from their domestic legal system to the community legal system of the rights and obligations arising under the treaty carries with it a permanent limitation of their sovereign rights, against which a subsequent unilateral act incompatible with the concept of the community cannot prevail

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Case 6/64 Costa v. ENEL 

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Q:

Directive:

A:

requires member states to achieve a particular result
without dictating the means of achieving that result

Q:
What is meant by primacy of EU law (or supremacy)?
A:
If there is a conflict between EU law and the law of MS, EU law prevails 

supremacy phenomenon:
The law stemming from the treaty, cannot, because of its special and original nature, be overriden by domestic legal provisions, however framed.

Q:

Regulation:

A:

immediately enforceable as law in all member
states simultaneously

Q:

What case established the following concept: 

by creating a community of unlimited duration, having its own institutions, its own personality, its own legal capacity and capacity of representation on the international plane and, more particularly, real powers stemming from a limitation of sovereignty or a transfer of powers from the states to the community, the member states have limited their sovereign rights, albeit within limited fields, and have thus created a body of law which binds both their nationals and themselves.

A:

Case 6/64 Costa v. ENEL 

Q:

Case 26/62 Van Gend en Loos stated that the objective of the EEC treaty was to 

A:

establish a common market, the functioning of which is of direct concern to interested parties in the community

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Q:

What concept did Case 11/70 Handelsgesellschaft establish?

A:

the validity of a community measure or its effect within a member state cannot be affected by allegations that it runs counter to either fundamental rights as formulated by the constitution of that state or the principles of a national constitutional structure

Q:

Case 26/62 Van Gend en Loos  established what principle?

A:

the community constitutes a new legal order of international law 

Q:

What case gave this judgment:

“bodies called upon, within the exercise of their respective powers, to apply EU law are obliged to adopt all the measures necessary to ensure that EU law is fully effective, disapplying if need be any national provisions or national case-law that are contrary to EU law. This means that those bodies, in order to ensure that EU law is fully effective, must neither request nor await the prior setting aside of such a provision or such case-law by legislative or other constitutional means.”

A:
Q:

In Gauweiler (C-62/14), the ECJ gave the opinion that...

A:

it seems to me an all but impossible task to preserve this Union, as we know it today, if it is to be made subject to an absolute reservation, ill-defined and virtually at the discretion of each of the Member States, which takes the form of a category described as ‘constitutional identity’. That is particularly the case if that ‘constitutional identity’ is stated to be different from the ‘national identity’ referred to in Article 4(2) TEU

Q:

which case established this concept?


it must be added that the full effectiveness of community law would be just as much impaired if a rule of national law could prevent a court seised of a dispute governed by community law from granting interim relief in order to ensure the full effectiveness of the judgment to be given on the existence of the rights claimed under community law. It follows that a court which in those circumstances would grant interim relief, if it were not for a rule of national law, is obliged to set aside that rule.

A:

Case C-213/89 Factortame I 

Q:

Case 106/77 Simmenthal established what concept 

A:

a national court which is called upon, within the limits of its jurisdiction, to apply provisions of community law is under a duty to give full effect to those provisions, if necessary refusing of its own motion to apply any conflicting provision of national legislation, even if adopted subsequently, and it is not necessary for the court to request or await the prior setting aside of such provision by legislative or other constitutional means.

Q:

Which case established the following concept:

the transfer by the states from their domestic legal system to the community legal system of the rights and obligations arising under the treaty carries with it a permanent limitation of their sovereign rights, against which a subsequent unilateral act incompatible with the concept of the community cannot prevail

A:

Case 6/64 Costa v. ENEL 

EU Constitutional Law

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