CJEU: MSs have limited their sovereignty or transferred powers to the Union – Union law is supreme- CJEU created a power that has allowed ind’s to enforce EU law in their national courts
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Simmenthal (1978)
The provisions of Union law ‘are an integral part of, and take precedence in, the legal order applicable in the territory of each of the MSs’.
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Ex p Factortame (No 2) (1989)
Union law wil prevail over inconsistent UK leg’n, even where that leg’n has been enacted by Parl subsequent to the entry into force of the Union rule
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McWhirter (1971)
Lord Denning: without the ECA 1972, the EC Treaty and Community leg’n would have been binding on the UK in international laws, but would have NO effect internally
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Other cards in this set
Card 2
Front
The provisions of Union law ‘are an integral part of, and take precedence in, the legal order applicable in the territory of each of the MSs’.
Back
Simmenthal (1978)
Card 3
Front
Union law wil prevail over inconsistent UK leg’n, even where that leg’n has been enacted by Parl subsequent to the entry into force of the Union rule
Back
Card 4
Front
Lord Denning: without the ECA 1972, the EC Treaty and Community leg’n would have been binding on the UK in international laws, but would have NO effect internally
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