The Supremacy of EU Law Questions and Answers Grade A+ 2023

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Costa v Enel 1964 - -Early on in the development of EU law, the ECJ clearly states the principle of supremacy in Costa. Emphasised the aims of the EU as a "far-reaching international treaty" Any norm ... of EU law takes precedence over any provision of national law, including national constitutions. The Treaty carries with it "a permanent limitation of the MS' sovereign rights, against which a subsequent unilateral act incompatible with the concept of the Community cannot prevail." -Simmenthal (Timing) - -The court in Simmental later confirmed that national courts must "set aside any provision of national law which may conflict with it, whether prior or subsequent to the union rule." It didn't matter that the EU regulation came before the Italian national law. [Show More]

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