Costa v. Enel Case Analysis

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Questions and Answers

What legal order was established according to the ECJ, and what complication arises from it?

The ECJ established a new legal order, which complicates the acceptance of its authority by National (Constitutional) Courts.

What was the core claim made by the lawyer in the Costa v. Enel case?

The lawyer claimed that the Italian legislation allowing ENEL's public monopoly was incompatible with the Treaties.

How did the Italian Constitutional Court interpret the relationship between the EEC Treaty and Italian legislation?

The Court held that the EEC Treaty created potential international liability but did not invalidate conflicting national laws.

What principle did the Italian Constitutional Court prioritize in their ruling regarding national laws?

The Court prioritized the principle that the most recent laws take precedence over earlier ones. Signup and view all the answers

In the context of the Costa v. Enel decision, what is the significance of the chronological principle 'lex posterior derogat priori'?

'Lex posterior derogat priori' signifies that newer laws should repeal older laws, which played a crucial role in this case. Signup and view all the answers

What was the ECJ's ruling in response to the Italian Constitutional Court's interpretation?

The ECJ affirmed the primacy of European law over conflicting national legislation. Signup and view all the answers

Why did the Italian Constitutional Court's ruling go against the Van Gend principle?

The Court's reliance on international law theory conflicted with Van Gend's assertion of direct effect of European law in member states. Signup and view all the answers

What does the term 'hermeneutical monopoly' refer to in the context of the ECJ?

The term refers to the ECJ's exclusive authority to interpret European law. Signup and view all the answers

What is the significance of the Community having its own personality in international law?

It allows the Community to enter into agreements with third parties, functioning as an autonomous subject. Signup and view all the answers

How do Member States' limitations of sovereignty affect Community law?

The limitations enable the creation of binding laws that apply to both the states and their nationals. Signup and view all the answers

What is the relationship between national legislation and EU law when conflicts arise?

In cases of conflict, EU law takes precedence over national legislation. Signup and view all the answers

Why is it essential that the national Courts apply European law instead of national law?

To maintain the effectiveness and uniform application of Community law across all member states. Signup and view all the answers

What would happen if domestic laws were allowed to override EU law?

It would lead to a lack of uniformity, potentially creating 27 different legal systems. Signup and view all the answers

How does the nature of the law stemming from the Treaty protect its status?

Its special and original nature prevents it from being overridden by domestic legal provisions. Signup and view all the answers

Why is it vital for the Court to emphasize the precedence of EU law?

To affirm the legal certainty and supremacy of Community law over national laws. Signup and view all the answers

What are the implications of member states creating a body of law through the Community?

It leads to a legally binding framework that impacts both state and national practices. Signup and view all the answers

What power do the permanent institutions established by the drafters imply for individuals?

Individuals are directly affected by the law-making powers of these institutions. Signup and view all the answers

How does the European Court of Justice (ECJ) ensure less political influence among its judges?

The ECJ does not allow judges to write dissenting opinions. Signup and view all the answers

Why does the ECJ refer to the preambles of treaties despite their non-binding status?

The ECJ emphasizes them due to the importance of the matter at hand. Signup and view all the answers

What distinguishes the European Parliament from standard intergovernmental relationships?

The European Parliament represents the people, albeit indirectly, unlike standard intergovernmental interactions. Signup and view all the answers

What argument does the ECJ use to support the necessity of its jurisdiction?

The ECJ argues that its jurisdiction is pointless if Community law cannot be invoked in national courts. Signup and view all the answers

What new legal order did the ECJ establish according to the content?

The ECJ established a new legal order that was neither purely domestic law nor standard international law. Signup and view all the answers

What is the principle of Direct Effect in the context of the new European legal system?

Direct Effect allows citizens to directly invoke European treaties in national courts. Signup and view all the answers

Which two decisions are highlighted as crucial for establishing the new legal order?

The decisions are Costa v. Enel and the Principle of Supremacy. Signup and view all the answers

Study Notes

European Union Law - Table of Contents

History of European Integration and Treaties
The birth of the EEC (early 1950s)
Two crucial decisions: Van Gend en Loos and the direct effect (1962)
Two crucial decisions: Costa v. Enel and the Principle of Supremacy (1964)
From the 70s to the Covid crisis (various events and developments)
The European institutions (detailed discussion of the institutions)
Focus on the State of the Union Address (2021) (summary)
The Competences of the EU (kinds of competences)
Subsidiarity and Proportionality (explained)

Institutional Europe

History of European Integration and Treaties (brief description of developments and motivations for international cooperation)
The Birth of the EEC (early 1950s – discussion of the impetus for international cooperation and establishment of organizations like United Nations)
The crucial role of international institutions and treaties, post world war II
Establishment of the European Coal and Steel Community, the European Economic Community, and the European Atomic Energy Community (Euratom)
Focus on the preambles of the various treaties
The core need for international cooperation and rejection of war
The UN Charter: goals and objectives of the UN

Substantive Europe

Citizenship: foundational principles and rulings
Consolidation phase (Directive 2004/38): analyzing the related decisions and rulings of the European Court of Justice.
The Right to Reside in Directive 2004/38: related decisions and the 'Substance of the right' concept (Ruiz Zambrano Doctrine)
The internal market: general overview, history, and the instruments of EU law-making
Free movement of goods: Customs duties (Art. 28-30 TFEU), Discriminatory and Protectionist Taxation (Art. 110 TFEU)
Non-fiscal barriers (Quantitative Restrictions)
Problem Questions: "Nectar of Aphroditi," "Smooth as oil, grooved as pasta" (suggested approach/checklist)

Constitutional Europe

Effects of EU law: Direct effect and its implications, indirect effect, State liability (Francovich liability)
Direct Effect: vertical and horizontal
The real mess: directives and direct effect(analysis of directives)
The European Court of Justice: institution, competences, Preliminary Reference Procedure, enforcement of EU law(process and procedure)
Judicial Review of EU Law
Problem Questions: "Smoking does not kill" (parts 1 and 2) (analysis of each article)
Various case studies (eg. Martinez Sala, Grzelczyk, and Baumbast)

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Description

Delve into the landmark Costa v. Enel case and explore the key legal principles established by the European Court of Justice (ECJ). This quiz addresses the complexities of EU law, interactions with national legislation, and the implications of sovereignty among Member States. Test your understanding of the core claims, rulings, and constitutional interpretations involved in this crucial moment in European legal history.