EU Law-Class 6-KB.pptx
Page 1: Introduction
Title: EUROPEAN UNION LAW
Lecturer: Keti Benashvili
Lecture Number: 6
Date: 02.11.2024
Page 2: Course Structure - Part 1
Key Topics:
Fundamental Issues in European Integration: History and Founding Institutions
Legal Order of the European Union: Sources and Relationships between Internal and European Law
Justice in Europe
Georgia and the European Union
The Four Freedoms
The Single Market
Page 3: Course Structure - Part 2
Overview of Different Sectors of EU Law:
Human Rights Law in the EU
Competition Law in the EU
Ban on Discrimination in the EU
International Relations Law of the EU
Law of EU Enlargement
Capital Markets Law of the EU
Personal Data Protection Law of the EU
Page 4: Lecture Topics
Lecture 6 Topics:
The Relationship between EU Law and National Law
The Doctrine of Supremacy of EU Law
Court Practice
Page 5: Doctrine of Supremacy of EU Law
Definition:
The doctrine developed by the Court of Justice of the European Union (CJEU) states that EU law takes precedence over national law.
Interpretation by CJEU:
National courts must ensure the supremacy and practical effectiveness of EU law.
Necessary for creating a unified market among member states.
National courts must provide immediate effect to EU law regardless of any national law conflict.
EU law, including any of its norms, supersedes all forms of national law, including constitutions.
Page 6: Constitutional Treaty and Supremacy Principle
Relevant Articles:
Article I-6 of the Constitutional Treaty: “The Constitution and law adopted by the institutions of the Union in exercising competences conferred on it shall have primacy over the law of the Member States.”
Lisbon Treaty Declaration: Emphasizes the established case law regarding primacy.
Notes that the inclusion or exclusion of the principle in treaties does not change its legal existence.
Page 7: Immediate Effect of EU Law
CJEU Directive:
National courts must give immediate effect to EU law in relevant cases and disregard conflicting national law.
Does not mandate the annulment of national laws, which can remain unless they contradict applicable EU law.
Most national courts recognize this principle practically, though based on their own constitutional grounds.
Page 8: Early CJEU Decisions on Supremacy
Landmark Cases:
Van Gend en Loos and Flaminio Costa v. ENEL: Established the legal system of the EU as an integral part of the legal systems of member states which courts are bound to apply.
Member states have limited their sovereign rights by adhering to a system that binds national law with EU law.
Page 9: Confirmation of Supremacy of Community Law
CJEU Argument:
Article 189 confirms that regulations are binding and directly applicable in all member states.
Indicates that domestic laws cannot unilaterally negate EU law, preserving the integrity of Community law.
Page 10: CJEU Justification for Supremacy
CJEU Arguments:
EU law's supremacy arises from treaties establishing the EU and cannot be compromised by subsequent state actions.
Goals of the founding treaties cannot be achieved without EU law having priority over national law.
Rejecting the supremacy doctrine would allow states to benefit from EU laws without fulfilling obligations.
Page 11: Subsequent CJEU Decisions
Key Cases Addressing Supremacy:
Internationale Handelsgesellschaft mbH v. Einfuhr- und Vorratstelle für Getreide und Futtermittel
Other cases such as Simmenthal, Winner Wetten, and Factortame demonstrate the ongoing reinforcement of the supremacy principle.
Page 12: Adverse Effects of National Law
CJEU Ruling:
National law rules cannot evaluate Community law's validity, affecting uniform application.
Page 13: Application of Supremacy Principle
CJEU Conclusion:
National norms conflicting with EU law must not be applied regardless of constitutional provisions.
Page 14: Further CJEU Interpretation
Simmenthal:
The doctrine applies regardless of timing of national norms relative to EU law’s enactment.
Page 15: Relationship between Supremacy and Direct Effect
Direct Effect Consideration:
Supremacy depends on the direct effect of EU law. Courts must set aside incompatible national laws when the EU law has direct effect.
Page 16: Diverging Perspectives on Supremacy and Direct Effect
Scholarly Opinions:
Supremacy and direct effect are distinct concepts; thus, direct effect is not a prerequisite for applying supremacy.
Page 17: Implementation of Supremacy in National Courts
Court Responsibilities:
Identify which courts assess constitutionality and compliance with EU law.
Generally, any national court must apply EU law and set aside conflicting national provisions regardless of constitutional restrictions.
Page 18: Supreme Courts' Obligations
CJEU Clarification:
National courts need not annul conflicting national laws but must refrain from applying them.
Page 19: Res Judicata Principle
CJEU Statement:
Final judgments in national court cannot challenge EU law compliance, ensuring effectiveness of EU law.
Page 20: Kompetenz-Kompetenz Issue
Authority to Decide on Competences:
Discussion on who determines the boundaries of EU competences and the role of CJEU in this matter.
Page 21: Circumventing Supremacy Doctrine
Article 351 and 347 of TFEU:
Provides conditions under which member states may not ensure EU law's primacy.
Page 22: Impact on Sovereignty
National Response:
Member states consider how internal disturbances can affect the functioning of internal markets.
Page 23: Limitations on Supremacy Doctrine
Scope of CJEU Supremacy Doctrine:
Primacy; dependent on member states’ recognition and conditions.
Page 24: Member States' Recognition of Supremacy
Key Questions:
Do member states recognize EU law supremacy?
Legal grounds for such recognition
Restrictions on supremacy by national legal frameworks
Kompetenz-Kompetenz: Which institution decides EU versus state powers?
Page 25: Perspectives from Germany
Key Cases Involving German Courts:
Honeywell, Solange I and II, Brunner, and Gauweiler.
German courts uphold EU law supremacy with acknowledged limits based on constitutional provisions.
Page 26: Italian Perspective on Supremacy
Italian Court Rulings:
Various decisions affirm EU supremacy with certain restrictions and constitutional considerations.
Page 27: French Perspective on Supremacy
French Court Stance:
French courts acknowledge EU law supremacy, basing arguments on national norms rather than solely on EU law characteristics.
Page 28: Polish Court Perspective
Polish Decisions:
Outlined how Polish courts acknowledge EU law supremacy with stipulations grounded in national law provisions.
Page 29: Summary Questions
Overall Review:
A concluding section inviting questions and reflections from participants.
Court Decisions and Their Significance in EU Law Supremacy
1. Van Gend en Loos (1963)
Significance: Established that EU law forms an integral part of the legal systems of member states, which their courts are bound to apply. It confirmed that individuals have the right to rely on EU law in national courts.
2. Costa v. ENEL (1964)
Significance: Reinforced the principle of the supremacy of EU law over national laws, emphasizing that member states had limited their sovereign rights by joining the EU.
3. Internationale Handelsgesellschaft mbH (1970)
Significance: Established that national law cannot dictate the validity of Community law, emphasizing the uniform application of EU law across member states.
4. Simmenthal (1978)
Significance: Clarified that national courts must apply EU law and set aside conflicting national provisions, regardless of when the national law was enacted.
5. Factortame (1990)
Significance: Confirmed that national courts could grant interim relief to ensure compliance with EU law, reinforcing the immediate effect and direct applicability of EU law.
6. Honeywell (2010)
Significance: German constitutional court case upholding the supremacy of EU law, while setting limits based on national constitutional provisions.
7. Brunner (2000)
Significance: A German case affirming the supremacy of EU law but stressing the necessity of constitutional conformity.
8. Gauweiler (2015)
Significance: Addressed the relationship between EU law and national constitutions, confirming the judiciary’s role in ensuring compliance with EU law while respecting national constitutional limits.
Overall Importance
These landmark decisions collectively underline the doctrine of supremacy, which establishes the precedence of EU law over national law, ensuring consistency and uniformity in the legal landscape across the EU member states.