RandomGuy01
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Hey guys,

i was just wondering if anyone could help me out and tell me the different ways in which national courts challenge the supremecy of EU law over national law.

Thanks!
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Tyler Bam
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Hey, sorry to see you haven't had any replies to your thread yet. Are you sure you’ve posted in the right place? Posting in the specific university or course forum should help get more responses.

If you haven’t already found it, then university connect is a really useful way for finding people at your course/university! You can also find a list of applicant threads and courses here. It's worth checking out if you have questions.

If you need advice on your academic work, then the Study Help section will be able to help you. Hope this helps!
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SmaugTheTerrible
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(Original post by RandomGuy01)
Hey guys,

i was just wondering if anyone could help me out and tell me the different ways in which national courts challenge the supremecy of EU law over national law.

Thanks!
Perhaps look at the Factortame case which granted supremacy to EU law over domestic law, if I'm not mistaken.
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Lady95
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National courts can't challenge the supremacy of EU law as such. Rather they are obliged to enforce it. They can refer matters to the EU where there are problems with interpretation and application. Factortame provides a good example regarding the merchant shipping act. The applicant argued it was an infringement on rights so it was referred to the CJEU for ruling and during this time, an interim injunction was granted which meant the merchant shipping act had no application whilst judgment was being read in the CJEU. This reinforces the fact that EU law is supreme and it wasn't a challenge to EU Law. Hope this helps.
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