Please enable JavaScript.
Coggle requires JavaScript to display documents.
Eu Supremacy (What is it (Internationale Handelsgesellschaft (Eu law…
Eu Supremacy
What is it
-
-
-
-
-
-
Lisbon Treaty: Declaration 17: includes primacy as ambiguous as to if it covers national law and constitutions
G Defrenne v Sbanna
Sex discrimination
Equal pay in Art 157 of TFEU, may be relied upon by national courts. courts have duties to ensure protection of the rights
J.H.H.Weiler
"The full impact of direct effect is realised in combination with the second 'constitutionalising' doctrine, supremacy."
-
-
-
Solange 1+2
Solange 1 1974
Until the Eu codified supremacy, German fundamental law would take precedence
-
-
Advantages
-
Unlike Parliamentary supremacy, can leave eu supremacy by leaving the EU (Brexit)
Disadvantages
-
A.V.Dicey
Parliamentary supremacy is the "right to make or unmake any law whatsoever; and further, that no person or body is recognised by the law of England as having a right to override or set aside legislation"
Germany
Honeywell Ruling 2010
Ar 23.1 Basic Law, in accordance with which sovereign powers can be transferred to the EU.
The union could not exist as a legal community if the uniform effectiveness of union law was not safeguarded in the MS
Burley and Matti, Alter and Stone Sweet
-