EU law Questions And Answers
1. What are the two classical theories explaining the relationship between
international and national law?
- ANSWER: Monism - international/EU law automatically takes precedence
over national law.
Dualism - international/EU law requires incorporation through
national legislation.
2. How is the EU system best described? - ANSWER: As a hybrid system —
neither purely monist nor dualist — combining both elements as defined by
national constitutions and the case law of the ECJ.
3. What did Van Gend en Loos (Case 26/62, 1963) establish?
- ANSWER: The EU constitutes a new legal order of international law.
Member States have limited their sovereign rights within certain
fields.
Individuals are also subjects of EU law, benefiting from rights that
become part of their legal heritage.
4. What key concept does Van Gend en Loos introduce? - ANSWER: Integration
— EU law is an independent legal order that directly affects both states and
individuals.
5. Does the Lisbon Treaty explicitly codify the primacy of EU law? - ANSWER:
Not within the treaty text itself, but Declaration 17 reaffirms primacy based on
settled ECJ case law.
6. What does Declaration 17 to the Lisbon Treaty state? - ANSWER: EU treaties
and laws have primacy over the law of Member States, as established by the
case law of the CJEU.
7. What was the principle established in Costa v ENEL (Case 6/64, 1964)?
- ANSWER: EU law is an independent source of law.
It cannot be overridden by domestic provisions, regardless of form.
Otherwise, the foundation of the EU legal order would be
undermined
8. What did Simmental (Case 106/77, 1978) add? - ANSWER: Every national
court must apply EU law in full and set aside conflicting national law, whether
enacted before or after the EU rule.
9. What must a national court do if a national law conflicts with a binding EU rule? -
ANSWER: Set aside the national provision and apply the EU rule. $%^%^&(*
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1. What are the two classical theories explaining the relationship between
international and national law?
- ANSWER: Monism - international/EU law automatically takes precedence
over national law.
Dualism - international/EU law requires incorporation through
national legislation.
2. How is the EU system best described? - ANSWER: As a hybrid system —
neither purely monist nor dualist — combining both elements as defined by
national constitutions and the case law of the ECJ.
3. What did Van Gend en Loos (Case 26/62, 1963) establish?
- ANSWER: The EU constitutes a new legal order of international law.
Member States have limited their sovereign rights within certain
fields.
Individuals are also subjects of EU law, benefiting from rights that
become part of their legal heritage.
4. What key concept does Van Gend en Loos introduce? - ANSWER: Integration
— EU law is an independent legal order that directly affects both states and
individuals.
5. Does the Lisbon Treaty explicitly codify the primacy of EU law? - ANSWER:
Not within the treaty text itself, but Declaration 17 reaffirms primacy based on
settled ECJ case law.
6. What does Declaration 17 to the Lisbon Treaty state? - ANSWER: EU treaties
and laws have primacy over the law of Member States, as established by the
case law of the CJEU.
7. What was the principle established in Costa v ENEL (Case 6/64, 1964)?
- ANSWER: EU law is an independent source of law.
It cannot be overridden by domestic provisions, regardless of form.
Otherwise, the foundation of the EU legal order would be
undermined
8. What did Simmental (Case 106/77, 1978) add? - ANSWER: Every national
court must apply EU law in full and set aside conflicting national law, whether
enacted before or after the EU rule.
9. What must a national court do if a national law conflicts with a binding EU rule? -
ANSWER: Set aside the national provision and apply the EU rule. $%^%^&(*
&^%^&*&^
%^&*&^%&
*&^&*&^%
^&**&^%^
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