SUPREMACY

SUPREMACY

1. supranationalism

   • cloud floating above member states
   • beyond the authority or jurisdiction of one national government
   • creates supremacy

2. ECJ

   • Article 10 states that: “MS shall take all appropriate measures, whether general or particular, to ensure fulfillment of the obligations arising
     • "out of the Treaties or other institutions of the communities"
     • Article 10 implies supremacy
   • Article 220
     • “The Court of Justice shall ensure that in the interpretation and application of this Treaty the law is observed.”

3. Costa v. ENEL

   • established the supremacy of European Union law over the laws of its member states

4. van Gend en Loos

   • direct effect

5. Simmenthal II

   • duty to set aside provisions of national law which are incompatible with Union law.

6. Marleasing SA

   • indirect effect
   • Directive

7. without MS would ignore EU law

8. Internationale Handelgesselshaft

9. Factorame

   • UK were not recognising supremacy