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S EMINAR DEFINE USING CASE AND ANSWER THE QUESTION WITH DETAIL, USE CASE LAW I REPEAT CASE LAW TO ANSWER THESE QUESTIONS I KEEP ASKING!

SEMINAR DEFINE USING CASE AND ANSWER THE QUESTION WITH DETAIL, USE CASE LAW I REPEAT CASE LAW TO ANSWER THESE QUESTIONS I KEEP ASKING!

AND FOR QUESTION 5 PLEASE DO IT PROPERLY

SEMINAR 2

Principle of Supremacy; Direct Effect

Essential reading:

Treaty clauses and cases:

Declaration No 17 concerning Primacy

Case C-144/04 Mangold - it is essential that you retrieve and read both the judgment and the Advocate-General's opinion.

https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:62004CC0144&from=GA

https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:62004CJ0144&from=EN

Textbooks:

Chalmers et al, Chapter 5 and Chapter 7

Or

P Craig and G de Brca, Chapter 5 and Chapter 8

Or

Woods and Watson, Chapter 4; Chapter 5, sections 1&2

Or

Barnard & Peers, Chapter 5, sections 2 and 3; Chapter 6, section 5

Questions:

  1. With reference to case-law, define 'Supremacy of EU Law', and summarize the reasoning the Court of Justice ('CJEU') presented for developing this principle.
  2. What is the attitude of the Member States' national (constitutional) courts to the principle of supremacy? Please provide examples from the case law.
  3. What is 'direct effect' of EU law? What is the rationale for direct effect? Which legal acts under what conditions are capable of having direct effect?
  4. Critically discuss whether directives should have horizontal direct effect.
  5. Summarize the CJEU's ruling in Mangold. Is there any doctrinal and / or policy rationale that could justify this peculiar outcome?

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