Term
| Where was the declaration of primacy first included? |
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Definition
| Lisbon Treaty Declaration 17: 'the treaties and the law adopted by the Union on the basis of the treaties have primacy over the law of Member States' |
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Term
| Which case did it first appear in? |
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Definition
| Costa v ENEL: MSs have limited their sovereign rights and created a body of law which binds over their nationals and themselves. |
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Term
| State the doctrine of supremacy |
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Definition
- Law from treaties are an independent source of law.
- Cannot be overridden by domestic legal provisions..... without the legal basis of the Community being questioned |
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Term
What happened in Handelsgesellschaft?
(prevailing over national constitutions case) |
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Definition
| German C argued community regulation was contrary to principles of national constitutional law including freedom of action, economic liberty and proportionality |
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Term
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Definition
- Validity of a community measure or its effect with a MS CANNOT be affected by allegations it runs counter to Fundamental rights of MS constitution.
- Hence: not even a fundamental rule of national constitution law could be invoked to challenge the supremacy of a directly applicable EU law. |
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Term
What happened in Simmenthal?
(national courts should disapply conflicting domestic provisions) |
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Definition
- Company importing beef into Italy claimed repayment for veterinary inspections as it was contrary to EC law.
- Italian authorities rejected idea that national law could be disapplied and it must be decided by Constitutional Court to declare it unconstitutional |
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Term
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Definition
| Every court must give immediate effect to EU law without deferring to the constitutional court |
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Term
| What was the UKs response to EU Supremacy? |
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Definition
| Thoburn v Sunderland: UK accepts supremacy on the intention of Parliament in passing the 'constitutional statute' that is the European Communities Act 1972 |
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Term
| Does Germany agree that EU is Supreme? |
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Definition
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Term
| What happened in Solange I? 1974 |
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Definition
| German Constitutional Court will review EU laws for compliance with FR until it is satisfied that EU law gives 'equivalent protection' |
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Term
| What happens in Solange II? 1986 |
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Definition
| Following developments in EU FR, German courts accept equivalent protection is provided and will no longer review EU laws for compliance with their FR. |
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Term
| What happens in Bruner v The EU Treaty? 1994 |
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Definition
| German courts decided they would NOT relinquish its power to decide on the compatibility of Community law with the fundamentals of the German constitution and would continue to review over the scope of community competence |
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Term
| What happens in Honeywell? 2010 |
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Definition
| German courts will only intervene where the EU has exceeded its competence and acted Ultra Vires |
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Term
| What happens in Lisbon Treaty case? 2009 |
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Definition
- Decided German courts have ability to engage in Ultra Vires review
- Integration cannot affect the ability of the democratic state to democratically share itself. e.g. EU cannot take on powers such as military, revenue, key social powers
- Under 'special' conditions GC may declare EU law inapplicable in Germany |
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Term
| MacCormicks View: Constitutional Pluralism (political theory of power sharing) |
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Definition
- legal systems of MSs and their legal system of EC law are interacting systems....
...state courts have no right to assume an absolute superiority of state constitution over international good order...
...in the event of an irresolvable conflict between NC and ECJ there is a possibility of international arbitration to resolve the matter |
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