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

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'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

Simmenthal in 1978 - courts don'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

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

In fact the CJEU in WRC said this.

When the CJEU says repeatedly - that'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

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

Yes Ireland argued that it couldn't take certain steps to comply with the earlier CJEU judgment because that wasn'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

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