JN204 Lecture Notes - Lecture 9: European Union Act 2011, Implied Repeal
19 Nov 2020
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Treaty (now t. e. u. /t. f. e. u. ) would be merely contingent rather than unconditional if were subject to subsequent national legislative acts. Language of direct applicability in art. 288 t. f. e. u. would be meaningless if m. s. could negate effect of union law by passing subsequent inconsistent legislation. The transfer by the statesto the community (now union) legal system of the rights and obligations arising under the treaty [e. c. Internacionale handelsgesellschaft (11/70: using national law to judge validity of e. u. law would adversely affect uniformity. Validity of union measures can only be judged in light of e. u. law: the validity of a community (now union) measure or its effect within a member. Conceded that union recognised such fundamental rights as integral part of the general principles of law whose protection be ensured within the structure and objectives of the union. Ordinary court to give immediate effect to e. u. law. 2) (c-213/89: national court must suspend national legislation that may be incompatible with.
