Having a bit of trouble revising EU law. Had trouble with lecturers this year and textbook isn't exactly making it very clear how it all works.
Also, my lecturer said that one of the principles of EU law (proportionality, non-discrimination, primacy) is applicable to each test laid out in each of the major cases but none of the judgments appear to explicitly state which principle should be used??
Does anyone know of any good websites that explain it in perhaps quite a 'basic' manor, I can then do further reading on top of this.
European Law Revision Watch
- Thread Starter
- 07-04-2011 19:15
- 07-04-2011 21:22
In which particular section of EU law are you? Because those principles are just general principles which always need to be taken into account by the MS.
Primacy is first recognized in Costa/ENEL, but now it’s in declaration 17 of Lisbon which is ratified by all the MS, so primacy now represents the political consensus as to the status of EU law and not just the view of the Court. It just means that EU law is above national law, so if there’s a conflict than EU law, national law should be set aside. But you also need to see who has competence in the area, EU, MS are if it is shared.
Non-discrimination means that MS may not directly or indirectly discriminate between nationals en Non-nationals (who are EU citizens)
Proportionality is important if a MS tries to defend a national measures, than it has to show that the measure is necessary and suitable to achieve the goal.