Thread by @FredPLogue, Still marvelling at the ongoing commentary about the CJEU WRC decision that [...]

Fred Logue

FredPLogue

Still marvelling at the ongoing commentary about the CJEU WRC decision that says public authorities have to set aside national legislation that conflicts with directly effective EU law.

You can read the judgment here

https://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1573659233090&uri=CELEX:62017CA0378">https://eur-lex.europa.eu/legal-con...

The commentary is around how this new development from the CJEU will have far-reaching effects etc etc

Nobody seems to be aware that this idea is a well-settled aspect of EU law.

Starting in 1964 the judgment in Costa v ENEL reinforced the primacy of EU law and the idea that you can& #39;t make national laws that disapply EU law - this would undermine the legal basis of the EU itself

https://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1573659840606&uri=CELEX:61964CJ0006">https://eur-lex.europa.eu/legal-con...

Simmenthal in 1978 - courts don& #39;t have to await the setting aside of conflicting provisions the must do it themselves

https://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1573660049571&uri=CELEX:61977CJ0106">https://eur-lex.europa.eu/legal-con...

Fratelli Costanzo in 1989

Public authorities are under the same obligations as courts to refrain from applying conflicting national law

https://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1573660132104&uri=CELEX:61988CJ0103">https://eur-lex.europa.eu/legal-con...

In fact the CJEU in WRC said this.

When the CJEU says repeatedly - that& #39;s a fairly strong statement particular when it quotes 30 years of case law.

https://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1573659233090&uri=CELEX:62017CJ0378">https://eur-lex.europa.eu/legal-con...

Only yesterday the CJEU in Derrybrien said that a state owned windfarm had to give effect to EU law without being asked to or forced to by the Irish state notwithstanding Irish planning law

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A62018CJ0261">https://eur-lex.europa.eu/legal-con...

Yes Ireland argued that it couldn& #39;t take certain steps to comply with the earlier CJEU judgment because that wasn& #39;t permitted under the legislation that it introduced to comply with that judgment

You can imagine the CJEU judges scratching their heads on that point

https://abs.twimg.com/emoji/v2/... draggable="false" alt="🤔" title="Thinking face" aria-label="Emoji: Thinking face">

You can follow @FredPLogue.

Tip: mention @twtextapp on a Twitter thread with the keyword “unroll” to get a link to it.

Latest Threads Unrolled: