The EU was created to:

Maintain peace after WWII
Advance prosperity through the internal market of the EU and a free movement of goods and workers
Distribute powers among smaller EU states, particularly those concerning climate change, natural resources and trade.

Each country could decide themselves what role the EU would play for them. This would mean EU law is not applied uniformly- different countries had different prerogatives. e.g. countries can decide whether to impose customs duties under Article 12 EEC.

In order to overcome this the EU decided that the EEC Treaty was a matter of international law and so a common market must be adhered to.

Direct Effect:
Van Gend en Loos: Concerning the importation of chemicals between member states. Under Article 12 produced direct effect which "imposes obligations upon individuals and also confers rights upon them". This is clear and unconditional and so must be taken up by member states (although it does not have to be further acted upon)

e.g. The infringement procedure allows individuals to submit claims against member states for breaching EU law.

Defrenne: Female Belgian air hostesses were required to retire earlier than men for lower pay. Article 157 TFEU for equal pay was applied despite the fact this this was a broad principle as opposed to conferring individual rights. There seemed to be a relaxation of Van Gends narrow understanding of what i sufficiently precise and unconditional.

Primacy:
Under the principle of pacta sunt servanda, the EU treaties are binding upon those whom it applies to

Costa v ENEL: there is a permanent limitation to sovereign rights

IHG: Conflict between EC regulations and German constitution meant hat EC law could not be judged against national law. The validity of the Community measure could not be affected by allegations that it conflicted with national law. EU law is only invalid if it has an adverse effect of uniformity and efficacy.

Winner Wetten: The ousting effect that a directly effective provision takes primacy over national law can be suspended under certain occasions.

Inter-Environment Wallonie: A directive on environmental protection had been implemented without the correct procedure of public consultation. As this was done in a way which "strengthened the directive it was allowed until a similar one was implemented through the correct procedure.

Judicial activism or "gap-filling" is when the courts judge upon issues that legislature does not refer to e.g. the Luxembourg compromise and establishing a common market.

	Created by cadhla_corrigan over 10 years ago

EU law and national law

EU and National Law