The impact of European Union law on English law

Overview

Recall questions on the supremacy of EU law, the European Communities Act 1972, Costa v ENEL and Factortame (No 2), and the tension between EU law and parliamentary sovereignty during the UK's membership.

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 does the supremacy of EU law mean?

   Model answer

   EU law takes precedence over conflicting national law of member states.

2. 2

   What was the purpose of the European Communities Act 1972?

   Model answer

   It gave EU law legal effect in the UK and required UK courts to follow CJEU decisions.

3. 3

   Which statute provided the legal basis for EU law to have effect in the UK?

   Model answer

   The European Communities Act 1972.

4. 4

   Which case established that EU law has supremacy over national law?

   Model answer

   Costa v ENEL (1964).

5. 5

   What did Costa v ENEL (1964) establish about the relationship between EU law and subsequent domestic legislation?

   Model answer

   It established that EU law has supremacy over national law and member states cannot override it with subsequent domestic legislation.

6. 6

   What was the significance of Factortame (No 2) (1990) for EU law supremacy in the UK?

   Model answer

   It demonstrated EU law supremacy in the UK by requiring the disapplication of an Act of Parliament that conflicted with EU law.

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