Conflicts National & EU Law

Not specifically stated EU law supreme over national law
1. s2(4) ECA 1972: 'any construed and have effect subject to obligations of EU'
  1. Allows courts give priority to EU law
EU law held supreme: case law
1. Van Gend: Dutch law predating EU law, Held, MS limited soverign rights by becoming MS
2. Costa v ENEL: Later Italian law Held NOT take precedence over EU law
3. Handelgesellschaft: EU law, whatever its nature, prevails over conflicting provision of Bill of Rights in constitution
National law and EU law conflict, EU law Supreme
1. Werner Mangold: national courts must set aside any provision of MS law which breach general principles equality
2. Factortame: courts suspend act of parliament (remedy courts did not have power to use)
Remedies breach EU law
1. Appropriate national law remedy to deal w/ EU law rights: Damages/Injunction (Factortame)
2. Marshall: remedy must be equally favourable remedy AND national law remedy must be effective to protect EU rights

Resource summary

	Created by alex.ariel almost 12 years ago