Question 1By creating a Community of unlimited duration, having its own institutions, its own personality, its own legal capacity and capacity of representation on the international plane and, more particularly, real powers stemming from a limitation of sovereignty or a transfer of powers from the States to the Community, the Member States have limited their sovereign rights, albeit within limited fields, and have thus created a body of law which binds both their nationals and themselves. (Flaminio Costa v ENEL (Case C-6/64) [1964] ECR 585, 593)Assess why and how the doctrine of supremacy of EU law has been developed through the jurisprudence of the Court of Justice of the European Union (CJEU). (70 marks) Question 2Please note: this is a fictitious scenario. Damilola lives in Rome and works as a teaching assistant in a local primary school. She has been studying towards a qualification in child development in the hope of gaining a promotion. In 2018, the EU adopted a Regulation entitled the (EU) Study Leave Regulation 2018 (which came into force on 21 December 2018), which states that all persons employed in state schools in Member States shall be entitled to seven days per year paid study leave. In March 2019, Italy passed a new provision called the Study and Training Entitlement in Education Provision 2019, which states that all persons employed in the education sector shall be entitled to three days per year paid study leave. Damilola has recently been ill, so is a little behind in her studies. She has an assignment due at the end of next week. She had three days study leave last week approved by her employer, but needs a few more days to complete the assignment. She asked her employer for three more days this week, but the school has refused, relying upon the Study and Training Entitlement in Education Provision 2019. a.How can the EU Regulation be relied upon by Damilola? Set out a brief plan using the IRAC method.b.If the legislation Damilola is seeking to rely upon was an EU Directive (for which the transposition date for implementation by Member States has passed), rather than an EU Regulation, explain how your plan under Question 2(a) would change.(30 marks)
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