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Created with Fabric.js 1.4.5 SOVEREIGNT Y SOVEREIGNT Y The significance of the principle of Supremacy ofEU law and its development by the Court of Justice DOCTRINE OF SUPREMACY Early in the European Community’sdevelopment, the Court of Justice overturned this view. Supremacy of EU law Supremacy of EU law Court declared:“The Community constitutes a new legal order in international law, for whosebenefit the states have limited their sovereign right, albeit within limited fields”. EU law: treaty provisions, secondary legislation (regulations, directives, decisions), international agreements made by the EU, case law of the Court of Justice. Restated: “By contrast with ordinaryinternational Treaties, the EEC Treaty has created its own legal system which became an integral part of the legal system of the Member States” The Court of Justice has developed this doctrine, there is no express Treaty reference to supremacy. requires Member States to take all measures to ensure fulfilment of Treaty obligations. Van Gend en Loos v Nederlandse Administratie der Belastingen(Case 2662) Van Gend en Loos v Nederlandse Administratie der Belastingen(Case 26/62) Originally it was thought that the founding Treaties, like other international treaties, bound Member States with respect to international obligations, but allowed them to exercise national sovereignty internally, determining the domestic legal effects of their international obligations. Costa v ENEL (Case 6/64) Community (now EU) Member States limited their sovereign rights transferred powers within the areas covered by the Treaties Article 4 TEU Costa v ENEL (Case 664) Costa v ENEL (Case 6/64) • Consideration whether national legislation post-dating the Treaty and conflicting with it should take precedent• Member States accepted a permanent limitation on their sovereign rights• The integration of EU law into national law makes it impossible for subsequent national law to take it over Internationale Handelsgesellschaft GmbH (Case 11/70) • EU law takes precedence over all forms of national law, including national constitutional law• National courts must set aside national provisions that conflict with EU law Amministrazione delle Finanze v Simmenthal (Case 106/77) • Italian magistrates ‘court: should a national court disapply national provisions that violate EU law?• At that time only the Italian Constitutional Court could declare national provisions invalid• National courts must apply EU law in its entirety. Any conflicting national law must be set aside, whether prior or subsequent to it National procedural rules must not interfere with an EU law right, even whether that right has not been definitively established. R v Secretary of State for Transport, Factortame II (Case 213/89) • Spanish fisherman claimed that the UK Merchant Shipping Act 1988 breached EU law • In Factortame II the applicants sought an interim injunction in the English court setting aside the relevant provisions, pending the outcome of Factortame I• Under the UK doctrine of ,the English court had no power to suspend an Act of parliament• The Court of Justice held that the full effectiveness of EU law would be impaired if a national rule could prevent the grant of interim relief in relation to EU rights INCORPORATION OF EU LAW INCORPORATION OF EU LAW EU law becomes binding from ratification, with no need for incorporating measures (French) Monist system: Dualist system: International law is not binding internally until itis incorporated by domestic statue. (UK) established the duty of a UK court to override any rule of national law found to be in conflict with any directly enforceable rule of EU law when deliverring final judgement. European Communities Act 1972 INDIRECT EFFECT INDIRECT EFFECT DIRECT EFFECT DIRECT EFFECT Van Gend, Politi, Van Duyn EU law which is directly enforceable by individuals in national courts Von Colson, Wagner Miret, Pupino National law must be interpreted in accordance with relevant EU law SUPREMACY GRANTED TO EU LAW SUPREMACY GRANTED TO EU LAW parliamentary sovereignty REFERENCE S REFERENCE S EU Law The European Union EU Law M Avbelj, 'Supremacy or Primacy of EU Law' [2011] 744, 755 European Communities Act 1972 ; Article 4 TEU; Amministrazione v Simmenthal Case 6/64 Costa v ENEL [1964] ECR 585 ; Van Duyn v Home Office [1974] 1337; Case C-105/03 Pupino; Case 11/70 [1970] ECR 1125; Case 26/62 Van Gend v Nederlandse Administratie Case 14/83 Von Colson and Kamman v Land Nordrhein-Westfalen Case C-334/92 Wagner Miret v Fondo de Garantira Salaria [1990] ECR 1-2433;
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