Podcast
Questions and Answers
What legal order was established according to the ECJ, and what complication arises from it?
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?
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?
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?
What principle did the Italian Constitutional Court prioritize in their ruling regarding national laws?
In the context of the Costa v. Enel decision, what is the significance of the chronological principle 'lex posterior derogat priori'?
In the context of the Costa v. Enel decision, what is the significance of the chronological principle 'lex posterior derogat priori'?
What was the ECJ's ruling in response to the Italian Constitutional Court's interpretation?
What was the ECJ's ruling in response to the Italian Constitutional Court's interpretation?
Why did the Italian Constitutional Court's ruling go against the Van Gend principle?
Why did the Italian Constitutional Court's ruling go against the Van Gend principle?
What does the term 'hermeneutical monopoly' refer to in the context of the ECJ?
What does the term 'hermeneutical monopoly' refer to in the context of the ECJ?
What is the significance of the Community having its own personality in international law?
What is the significance of the Community having its own personality in international law?
How do Member States' limitations of sovereignty affect Community law?
How do Member States' limitations of sovereignty affect Community law?
What is the relationship between national legislation and EU law when conflicts arise?
What is the relationship between national legislation and EU law when conflicts arise?
Why is it essential that the national Courts apply European law instead of national law?
Why is it essential that the national Courts apply European law instead of national law?
What would happen if domestic laws were allowed to override EU law?
What would happen if domestic laws were allowed to override EU law?
How does the nature of the law stemming from the Treaty protect its status?
How does the nature of the law stemming from the Treaty protect its status?
Why is it vital for the Court to emphasize the precedence of EU law?
Why is it vital for the Court to emphasize the precedence of EU law?
What are the implications of member states creating a body of law through the Community?
What are the implications of member states creating a body of law through the Community?
What power do the permanent institutions established by the drafters imply for individuals?
What power do the permanent institutions established by the drafters imply for individuals?
How does the European Court of Justice (ECJ) ensure less political influence among its judges?
How does the European Court of Justice (ECJ) ensure less political influence among its judges?
Why does the ECJ refer to the preambles of treaties despite their non-binding status?
Why does the ECJ refer to the preambles of treaties despite their non-binding status?
What distinguishes the European Parliament from standard intergovernmental relationships?
What distinguishes the European Parliament from standard intergovernmental relationships?
What argument does the ECJ use to support the necessity of its jurisdiction?
What argument does the ECJ use to support the necessity of its jurisdiction?
What new legal order did the ECJ establish according to the content?
What new legal order did the ECJ establish according to the content?
What is the principle of Direct Effect in the context of the new European legal system?
What is the principle of Direct Effect in the context of the new European legal system?
Which two decisions are highlighted as crucial for establishing the new legal order?
Which two decisions are highlighted as crucial for establishing the new legal order?
Flashcards
Composite System (EU Law)
Composite System (EU Law)
The EU legal system, consisting of member states and the European Community, creating a complex interplay of laws.
ECJ's Hermeneutical Monopoly
ECJ's Hermeneutical Monopoly
The ECJ's exclusive authority in interpreting EU law, impacting how national courts apply it.
Costa v. ENEL Case
Costa v. ENEL Case
A landmark case highlighting the conflict between Italian national law and EU law, concerning nationalization of energy.
Italian Constitutional Court's Ruling
Italian Constitutional Court's Ruling
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Lex Posterior Derogat Priori
Lex Posterior Derogat Priori
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Van Gend Ruling
Van Gend Ruling
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International Legal Principle
International Legal Principle
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Interplay of National and EU Courts
Interplay of National and EU Courts
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Community Law Precedence
Community Law Precedence
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Independent Source of Law
Independent Source of Law
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Limited Sovereignty
Limited Sovereignty
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Uniformity in Law
Uniformity in Law
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National Court's Duty
National Court's Duty
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Reciprocity in Treaty
Reciprocity in Treaty
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Conflict with EU law
Conflict with EU law
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Violation of EU Law
Violation of EU Law
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Direct Effect
Direct Effect
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EEC Institutional Structure
EEC Institutional Structure
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Teleological Interpretation
Teleological Interpretation
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New Legal Order
New Legal Order
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European Parliament
European Parliament
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Supremacy Principle
Supremacy Principle
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Costa v. Enel
Costa v. Enel
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ECJ (European Court of Justice)
ECJ (European Court of Justice)
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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.
