European Union Law I
The Nature of EU Law
Objectives
To examine the nature of Union law concerning the following doctrines:
Supranationality: Explores the legal authority of EU law over national legislation.
Supremacy: Addresses the hierarchical structure of EU law in relation to national law.
Direct Applicability: Investigates which EU laws automatically become part of national law.
Direct Effect: Assesses how EU law can confer rights upon individuals that national courts must enforce.
Member State Liability in Damages: Discusses the liability of Member States for breaches of EU law.
Adequate and Effective Remedies: Examines judicial remedies in the context of EU law obligations.
Learning Outcomes
Upon completion, you should be able to:
Describe the Union's legal order.
Explain the development of the doctrine of supremacy.
Briefly describe its acceptance in different Member States.
Differentiate between direct applicability and direct effect.
Analyze the doctrine of direct effect (DE) concerning all legal measures, especially directives.
Distinguish between Horizontal Direct Effect (HDE) and Vertical Direct Effect (VDE) and its implications.
Explain the difference between direct effect and indirect effect.
Explain the concept of Member State liability in damages.
Explain the remedies available in a direct effect or MSLD action.
Explain the principle of effectiveness of EU law.
Core Textbook Reading
Relevant Treaty Provisions and Selected Texts:
Redmond T. Law of the European Union (Clarus Press, 2019) - Chapters 11-14.
Chalmers et al. EU Law (5th edn, Cambridge, 2024) - Chapter 5 (supremacy) and Chapter 7 (direct effect and MSLD).
Steiner and Woods, EU Law (15th edn, Oxford, 2023) - Chapters 7-9.
Craig & de Búrca, EU Law (8th edn, Oxford, 2024) - Chapters 8-10.
Fairhurst, Law of the European Union (13th edn, Pearson, 2020) - Chapter 4.
Equivalent chapters on supremacy, direct effect, and MSLD in any EU law textbook.
Case Law
Key Cases to Study:
Case 26/62 Van Gend en Loos [1963] ECR 1
Case 6/64 Costa v ENEL [1964] ECR 585
Case 41/74 Van Duyn v British Home Office [1974] ECR 1337
Case 152/84 Marshall v Southampton and South West Hampshire Health Authority No.1 [1986] ECR 723
Case C-188/89 Foster v British Gas [1990] ECR I-3313
Case C-6/90 Francovich [1991] ECR I-5357
Joined Cases C-46/93 & 48/93 Brasserie du Pêcheur and Factortame III [1996] ECR I-1019
Opinion 1/91 [1991] ECR I-1061
Case 11/70 Internationale Handelsgesellschaft [1970] ECR 825
Additional Case Law
Case C-314/85 Foto-Frost [1987]
Case 106/77 Simmenthal II [1978] ECR 629
Case 43/75 Defrenne v Sabena [1976]
Case 9/70 Grad [1970] ECR 825
Case C-148/78 Ratti [1979] ECR 1629
Case C-8/81 Becker [1982] ECR 53
Case C-14/83 Von Colson [1984] ECR 1891
Case C-106/89 Marleasing [1990] ECR I-4135
Case C-32/93 Webb v EMO [1994] ECR I-3567
European Union Law: Supranationality & Supremacy
Supranationality Definition
Legal Systems:
National: Centralised legal authority.
International: Decentralised frameworks.
Transnational Legal Systems: Interact across borders.
Supranational: Distinct system where member states cede some sovereignty.
Case Study: Van Gend en Loos
Key Legal Provisions:
Article 30 TFEU prohibits customs duties and equivalent charges between Member States.
Judicial Discovery:
“The Treaty had created a new legal order of international law, for the benefit of which the Member States had limited their sovereignty in specific areas.” The subjects include both Member States and their nationals. Community law imposes obligations on individuals and confers rights upon them, enforceable in national courts.
Doctrine of Direct Effect:
Legal orders created by the Treaty cannot be overridden by domestic provisions without losing their Community law character.
Concept of Supremacy
Justifications for Supremacy
Uniformity of Law: Ensures consistent application of EU law across Member States.
Transfer of Sovereignty: Recognition of limited sovereign powers for shared EU governance.
Direct Effect of EC Law: Enabling individuals to invoke EU law rights directly before national courts.
Key Cases Supporting Supremacy
Costa v ENEL: Establishes that the EC Treaty has created its own legal system, which cannot be overridden by national law. The judgement notes:
Creation of a Community leads to the submission of national sovereign rights in specific areas.
Member States have limited their rights to ensure adherence to EU law.
Significant Implications of Supremacy
Member States relinquished sovereignty in 1957, and both Member States and citizens are bound by EU law.
National laws cannot contradict EU law; precedential cases illuminate this (e.g., Costa, Simmenthal II, Garda case).
Fundamental Rights
C-399/11 Melloni: Reiterates that national constitutional law cannot displace the effectiveness of EU law, asserting that primacy is a cornerstone principle of the EU legal order.
Limitations on the Principle of Supremacy
Principle of Conferral: Jurisdictions are confined to those assigned by treaties (Art 5 TEU).
Principle of Res Judicata: Decisions already made must be upheld, albeit under EU jurisdiction in some cases.
International Agreements: Agreements existing prior to EU accession can hold precedence under certain conditions (Arts 351(1) & (2) TFEU).
Exercise and Application
Locate the Melloni judgement and rephrase the findings in your own words for practical understanding.
Explore implications of supremacy in cases concerning national legislation and constitutional frameworks.
Notable References: Lisbon Treaty
Declaration No. 17 asserts the primacy of EU law and affirms that this principle is integral to the EU's foundational legal landscape.
Conclusion
The study of EU law elucidates the interdependence of national and supranational systems, bolstered by established case law and legal doctrines that facilitate the functioning of the Union as a cohesive legal entity.