EUROPEAN UNION LAW

The development of the principle of supremacy of European Union (EU) law by the Court of Justice of the EU
(CJEU) is a significant example of its creative approach in ensuring that throughout the European Union,
Member States comply with their obligations under the Treaties.
Critically discuss this statement, considering the extent to which the CJEU has developed the principle of
supremacy, supporting your discussion with the relevant CJEU case law.
NOTES:The question requires students to explain and critically discuss the principle of supremacy of EU law.
The answer should include consideration of the following:
• Explanation of what supremacy of EU law is and how it works;
• Some consideration of why supremacy was not mentioned in the original Treaties and why was there a need for
it;
• Elaboration on the arguments stipulated by the CJEU in Costa and subsequent cases justifying why EU law is
supreme.
• Some consideration of how the Member States reacted to supremacy and the need of accepting it.
Any answer should thoroughly explain the judgement in Costa, and provide further arguments in light of other
CJEU cases (Van Gend, Factortame, Internationale Handelsgesellschaft, etc).
Decent answers would consider the contrasting views on supremacy between the CJEU and Member States
(Germany, Italy or France) as well as explain the UK approach in Factortame. Excellent answers would support
the discussion with relevant academic commentar

Sample Solution

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