1. The primacy and effectiveness of EU law Chiara Favilli Rome 7-8 April 2014

2. The principle of primacy Costa 1964 – Integrated legal systems – Precedence of Community law over earlier conflicting national laws – Also over constitutional rules without having to refer to national Constitutional Courts – Possible reference for a preliminary ruling before the Court of Justice

3. Right to refer to the Courts To dispute a EU law that is considered to be vitiated To act against the inactivity of EU institutions To act against the inactivity of States To claim compensation for damage caused by the EU To interpret/disapply a national rule in the light of EU obligations To claim compensation for damage caused by the State

4. Proceedings before the Court of Justice Direct – Annulment proceedings (263 TFEU) – Proceedings for failure to act (265 TFEU) – Proceedings for non-contractual liability (340 TFEU) – Infringement proceedings (258-260 TFEU) Indirect – Reference for a preliminary ruling (267 TFEU) On interpretation On validity

5. To dispute a EU rule that is considered to be vitiated Annulment proceedings – Direct appeal to the Court of Justice Reference for a preliminary ruling – Indirect proceedings: it is the national judge who refers to the court

6. Annulment proceedings Entitled subjects – Member States, institutions and EP – Court of Audits, ECB, Committee of the Regions to protect their own prerogatives – Natural and legal persons 1.Adopted acts concerning them 2.Directly and individually concerned 3.Non-enforced regulatory norms that concern them directly

7. Natural and legal persons 1.Acts adopted concerning them – Targets: decisions 2.Directly and individually concerned – Directly: Adedy case, 27 November 2012, T-541/10 and T-215/11 – Individually: Plauman case, 15 July 1963, case 25/62 3.Non-enforced regulatory norms that concern them directly

8. Referrals submitted by Associations (Unión de Pequeños Agricultores, C-50/00, 25 July 2002 ) Referrals submitted by associations are entitled to be received in at least three typical situations: – When a regulatory provision expressely acknowledges a number of procedural powers to professional associations; – when the association represents the interests of enterprises which, in turn, are entitled to act; – when the association is identified for the prejudice caused to its own interests as an association, namely if its negotiator’s position has been prejudiced by the act whose annulment is requested.

9. Reference for a preliminary ruling Indirect proceedings: it is the national judge who refers to the Court To request an opinion on the validity of a EU rule It overcomes the limitations of direct appeals – Those who were entitled to direct referral cannot request a reference for a preliminary ruling, nor can a judge ex officio

10. To act against the inactivity of EU institutions Proceedings for failure to act – Direct appeal – Entitled subjects Targets Subjects who are directly and individually concerned (as in annulment proceedings)

11. To claim compensation of damage caused by the EU Proceedings for non-contractual liability – Direct appeal to the Court of Justice – Anyone who has suffered damage by EU institutions/bodies/agencies Damage Illegittimate action of the EU Causal link Serious breach of a higher norm

12. To dispute the national rule Referral to the national judge Preliminary ruling on the interpretation of the EU rule to apply to a national judgment In case the national rule is not compliant with the EU rule – Disapplication – Referral to the Constitutional Court

13. Direct effects and disapplication Simmenthal 1978 – EU rule, directly applicable or producing direct effects Disapplication of earlier or later national law IN.CO.GE. ’90 – 1998 – National rule – Neither invalid nor non-existent but – disapplied The legislator will have to modify the law and comply with EU obligations Precedence of any rule having direct effects – Costanzo brothers for directives 1989 Disapplication also of national administrative provisions – Ciola, 1999 Precedence also over constitutional rules

14. Lack of direct effects Referral to the Constitutional Court Modification of the law Possibility to claim compensation for damage caused by infringement of EU law

15. Infringement proceedings In the jurisdiction of the Commission or the States Any other subject can only report the infringement to the Commission Pre-litigation phase: dialogue with the States - confidentiality Litigation phase: referral to the Court of Justice – Declaration of the infringement – Pecuniary penalty (260 TFEU) Failure to notify the implementation of directives Second judgment for failure to execute the first judgment