Deck 9: Supremacy of EU Law

Question 1

What important principle of EU law was established in the case of 6/64 Costa v ENEL?

A) Direct effect of EU directives.
B) The supremacy of EU law in a situation where there is a conflict between EU law and national law of a Member State.
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

Answer 1

B

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?

A) The later national law will take priority.
B) The conflict must be settled according to the legal jurisprudence of the Member State.
C) EU law prevails.

Answer 2

C

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?

A) Only the Italian Constitutional Court could set aside the statute.
B) Only the Prime Minister of Italy could set aside the statute.
C) Only the Italian Parliament could set aside the statute.

Answer 3

A

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)

Question 5

Why has the acceptance of supremacy of EU law over national law proved a challenge for Germany?

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.
B) The German Federal Constitutional Court (BVerfG) wishes to guard its status as the highest court in Germany in respect of constitutional matters.
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.