Greife auf kostenlose Karteikarten, Zusammenfassungen, Übungsaufgaben und Altklausuren für deinen Primacy of EU Law Kurs an der University College Cork zu.
7156
Karteikarten
321
Studierende
0
Lernmaterialien
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
Case 6/64 Costa v. ENEL
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.
Case 6/64 Costa v. ENEL
What concept did Case 11/70 Handelsgesellschaft establish?
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
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.
Case C-213/89 Factortame I
In Gauweiler (C-62/14), the ECJ gave the opinion that...
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
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.”
Which case established this concept
an autonomous European legal order and that the member States were obliged to acknowledge the primacy of Community law over national law in areas where it was applicable.’
Maher v. Minister for Agriculture and Food [2001] 2 IR 139
Crotty v. An Taoiseach [1987] IR 713 related to what topic
Amendments of the treaty as regards amendment of the consitution
The decision of the Court will be to treat the ESM Treaty as one which does not involve any impermissible transfer of powers from the Executive, but rather as an agreement to pursue a defined policy of the Government.
Be that as it may any answer to the reference received from the Court of Justice of the European Communities will have to be considered in the light of our own constitutional provisions. In the last analysis only this Court can decide finally what are the effects of the interaction of the 8th Amendment of the Constitution and the 3rd Amendment of the Constitution.”
Society for the Protection of Unborn Children v. Grogan [1989] IR 713
In summary, Member States, acting within the framework of Community regulations, exercise powers or discretions which are conferred on them for the furtherance of the objectives of the scheme in question. Community law does not require any particular form of implementation. That is a matter for the legal system of the Member State concerned, except that the implementation must not have the effect of impeding the effectiveness of Community law
Maher v. Minister for Agriculture and Food [2001] IEHC 32; [2001] 2 IR 139
where the Member State is merely giving effect to the minimal level of recognition of diplomas mandated by the directive, then it is not exercising any discretion
Case C-221/05 Sam Mc Cauley Chemists
Greife kostenlos auf tausende geteilte Karteikarten, Zusammenfassungen, Altklausuren und mehr zu.
Jetzt loslegen
