Question
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:
- With reference to case-law, define 'Supremacy of EU Law', and summarize the reasoning the Court of Justice ('CJEU') presented for developing this principle.
- What is the attitude of the Member States' national (constitutional) courts to the principle of supremacy? Please provide examples from the case law.
- 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?
- Critically discuss whether directives should have horizontal direct effect.
- Summarize the CJEU's ruling in Mangold. Is there any doctrinal and / or policy rationale that could justify this peculiar outcome?
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started