Web-Companion Essential EU Law in Text: Suggested solutions to the exercises
Please find hereinafter the suggested solutions to the 64 exercises contained in the book "Tobler/Beglinger, Essential EU Law in Text, 5th edition, HVG-ORAC 2020, ISBN 978-963-258-490-4". To give you an idea how the exercises in the book are phrased, they have been added for the first three instances. Any comments or feedback are welcome.The nature of the EU and EU law – Exercise 1
Suggested solution:
The Italian judge will not agree with this view, since in Italy – as in all other Member States – the doctrine of the primacy of EU law over national law is accepted. However, like the judges in many other EU Member States, the Italian Supreme Court will probably base its acceptance of this doctrine on the Italian constitution, rather than on the very nature of EU law, as was done by the Court of Justice in its case law (Costa; then: in relation to EEC law). The fact that the Italian Supreme Court (like the supreme courts of some other Member States) formulated limits to the extent of the primacy of EU law as accepted in Italy will not play a role in this exercise which – as far as we know – does not concern a human right.
Note: the exercise case is modelled after the famous Leonesio case which concerned the issue of direct effect (of provisions of a regulation). In contrast, the exercise case concerns the more general issue of the relationship between national law and EU law.
[Relevant Charts: Chapter 6, in particular Chart 6/1-6/2]
[V.1.1]