Supremacy and Direct Effect

Overview

Recall questions on the supremacy of EU law, the case that established it, and what direct effect means for a national court.

What you need to know

Answer each one before you reveal it.

Questions from this subtopic

Each one with the model answer underneath.

1. 1

   What is the principle of supremacy of EU law?

   Model answer

   EU law takes precedence over conflicting national law, requiring national courts to disapply incompatible domestic provisions.

2. 2

   Which court established the principle that EU law takes precedence over conflicting national law?

   Model answer

   The Court of Justice of the European Union.

3. 3

   While the UK was bound by EU law, what did a national court in England and Wales have to do when domestic law conflicted with EU law?

   Model answer

   Disapply the incompatible domestic provisions.

4. 4

   What does 'direct effect' mean in EU law?

   Model answer

   Directly effective EU law creates rights that individuals can rely upon and enforce in national courts without further domestic legislation.

5. 5

   How did direct effect benefit individuals in England and Wales while the UK was bound by EU law?

   Model answer

   It allowed them to rely upon and enforce EU-derived rights directly in national courts without needing additional domestic legislation.

6. 6

   What was the purpose of the European Communities Act 1972?

   Model answer

   It incorporated EU law into the law of England and Wales and gave EU law its domestic legal effect.

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