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The European Union and English Law

EU Law, Sovereignty and Preliminary References

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Overview

Recall questions on the functions of the Court of Justice, direct effect and its four conditions, what a national court must do with conflicting domestic law, EU membership and parliamentary sovereignty, and the preliminary reference procedure.

What you need to know

Answer each one before you reveal it.

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Key term

Why is it important that the Court of Justice of the European Union interprets EU law?

Questions from this subtopic

Each one with the model answer underneath.

  1. 1

    What are the two main functions of the Court of Justice of the European Union?

    Model answer

    To interpret EU law to ensure uniform application across all member states and to settle legal disputes between national governments and EU institutions.

  2. 2

    Why is it important that the Court of Justice of the European Union interprets EU law?

    Model answer

    To ensure that EU law is applied uniformly across all member states.

  3. 3

    What must a national court do if it finds that domestic legislation conflicts with EU law?

    Model answer

    The national court must disapply the conflicting domestic legislation because EU law prevails.

  4. 4

    What is the principle of direct effect in EU law?

    Model answer

    It allows individuals to rely on provisions of EU law before national courts, provided the provisions are clear, precise, unconditional and require no further implementation.

  5. 5

    What four conditions must be satisfied for a provision of EU law to have direct effect?

    Model answer

    The provision must be clear, precise, unconditional, and require no further implementation.

  6. 6

    How did EU membership affect parliamentary sovereignty?

    Model answer

    It limited parliamentary sovereignty because Parliament could not effectively legislate contrary to EU law while the UK remained a member state.

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