European Union Law Law Essay Research Paper Coursework (Essay Sample)
Review the importance of Costa v ENEL (1964) Case 6/64 for the development of EU
Then establish, in your own words, what have been the key reasons for the European
Court of Justice to create the doctrine of supremacy of EU Law when making an
interpretation of former art 177 EC (now article 267 TFEU).
Finally conclude by explaining the extent of this revolution and its continuing impact
Part B – 60 marks (1500 words suggested)
Compare the reactions of the German Constitutional Court and the UK courts towards
the concept of supremacy of EU law as developed in Costa v ENEL.
From the experience of the UK and Germany, is the issue of supremacy of EU law in
domestic systems now completely settled?
European Union Law
Costa vs. ENEL Case 6/64 in the Development of the European Union Law
Importance of the Case in the Primacy of the EU Law
The Costa vs. ENEL is a 1964 landmark case that confirmed the primacy and supremacy of the European Union Law over the national member states. A fundamental judgment of the European Union Court of Justice showed that the European Union had created its special legal system that has become a crucial part of the legal system of its member States. This means that the European Community Union law takes precedence over all the other state laws. The Costa vs. ENEL 1964 case is fundamental litigation that proved and confirmed that the European Union law was a highlighting and an underpinning legal system to other domestic law. The Law 1653 of 1962 and the subsequent decrees of the Italian Republic nationalized the production and distribution of electric energy. The ENEL Organization was created by the Italian Republic and the energy distribution equipment, assets, and infrastructure transferred to it for electricity undertakings. In the settlement of his electricity bill of approximately 1925 lire, Mr. Flaminio Costa asked to Italian lower courts to ascertain and establish that the real creditor of his power bill was the initial company Edisonvolta and not the newly nationalized firm ENEL.
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