ECON-1006EL Study Guide - Quiz Guide: European Central Bank
12 Oct 2020
School
Department
Course
Professor
Document Summary
Thus, although incompatible with eu law, it could still be applied in purely national situations outside the scope of eu law. Supremacy of eu law also applies to national constitutions established in simmenthal case. & internationale handelsgesellschaft, as well as, international law. Furthermore, supremacy relates to both national law that was already in place before the adoption of eu law and to subsequent national legislation (simmenthal) In a particular situation of ms not giving primacy to eu law state liability developed by the cjeu francovich case. Constitutional tolerance national courts commit themselves to recognize the special status of. Ms accept supremacy so long as the eu acts within the scope of its competence (principle of conferral; art. Conceptual basis of acceptance on the basis of a provision within their own national legal order. Limits of acceptance supremacy of eu law should not violate certain restrictions of national constitutional law no infringement of individual rights protection provided by national constitutions.
