Cotta v ENEL :
applying national law-en law
4
.
·
would be contrary to the spirit of the Treaty
EFFECTS OF SUPREMACY
National low should be interpretated as zu law is an
integral part of national law
· ·
to avoid conflict with Ev law
. ·
Otherwise the force ofzu law would vary
· If conflict - not law-disapplied
. ↑
from one state to another.
Limite to supremacy :
3 LIMITS IN NATIONAL COURTS T g Conflict national (cons I law-zU law
:
· .
:
· Ev law may not infringe (essential
Glange I Ev law cannot be overridden
Fundamental rights
:
not . .
·
zU law should respect the limits of by rueles of national law , howr framed.
its powers ultra viru Review)
Conflict EU law-national law adoped
=
·
.
· EU law may not affect the national const SUPREMACY late :
identity.
Simmenthal :
duty of courts to give full effect
to Ev law
a not apply conflicting national law
SUPREMALY OF TREATIES [
National courts don't have the power , under
:
·
·
Art . 1-6 Const .
Treaty : Ev law has primacy not Law to let aside not Law
,
.
.
.
over national law Simmenthal not :
necessary to request the
not adopted
+ provision not in Lisbon
Treaty setting aside of that provision by
↳
const . Or
Declaration of on primacy signed by all Ms but legislative means
·
: .
not legally binding !
=> National acceptance of primacy !
applying national law-en law
4
.
·
would be contrary to the spirit of the Treaty
EFFECTS OF SUPREMACY
National low should be interpretated as zu law is an
integral part of national law
· ·
to avoid conflict with Ev law
. ·
Otherwise the force ofzu law would vary
· If conflict - not law-disapplied
. ↑
from one state to another.
Limite to supremacy :
3 LIMITS IN NATIONAL COURTS T g Conflict national (cons I law-zU law
:
· .
:
· Ev law may not infringe (essential
Glange I Ev law cannot be overridden
Fundamental rights
:
not . .
·
zU law should respect the limits of by rueles of national law , howr framed.
its powers ultra viru Review)
Conflict EU law-national law adoped
=
·
.
· EU law may not affect the national const SUPREMACY late :
identity.
Simmenthal :
duty of courts to give full effect
to Ev law
a not apply conflicting national law
SUPREMALY OF TREATIES [
National courts don't have the power , under
:
·
·
Art . 1-6 Const .
Treaty : Ev law has primacy not Law to let aside not Law
,
.
.
.
over national law Simmenthal not :
necessary to request the
not adopted
+ provision not in Lisbon
Treaty setting aside of that provision by
↳
const . Or
Declaration of on primacy signed by all Ms but legislative means
·
: .
not legally binding !
=> National acceptance of primacy !
