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Presidency of the Council of the European Union
Bulgaria
Why is EU law being called a sui generis legal order?
Because thee u combines both intergovernmental and supranational modes of
governance
Which of these have horizontal direct effect?
Treaties are binding
Regulations (these also) these are not binding
How would you, in simple words, define what supremacy (heerschappij) of EU law is?
Prevails above national laws (it prevails domestic law)
Prevails also over international law in some circumstances
Horiozontal you can invoke it between two private parties
Vertical you can invoke it between a private party and a state
CVRIA (website) website for cases of the court of justice
EUR-Lex (website) treaties
,How have the tests used by the Court to determine whether a treaty provision has ‘direct
effect’ evolved over time?
EU law “has an authority which can be invoked by.. nationals before those tribunals”
“A new legal order of international law fort he benefit of which the States have limited
their sovereign rights”
Direct effect (directe werking): direct applicability of EU law in domestic courts
Direct effect vs direct applicability
, Criteria to get direct effect on a treaty (Gend en Loos case) direct effect (between private and
state)
Clear;
Unconditional;
Negatively phrased;
Requiring no legislative intervention
Defrenne (case) horizontal effect (two private parties)
Sufficiently precise;
Unconditional it is automatic, so there is no action needed to convert it to national
law
Direct effect
Secondary EU law there is need to insert these in national law (however, over the
time the court said something that under some circumstances they don’t need this
was not clear at all):
o Decisions;
o Regulations;
o Directives;
o Recommendations
Directives:
In general directives have no direct effect, but if the states missed the deadline (to transpose the
law to national law) they may have direct effect.
Van Duyn (case) and Ratti (case)
Treaty vertical and horizontal
Decisions vertical and horizontal
Directives only when missed deadline there is vertical effect, never horizontal (Marshall
case)
Regulations (Leoniesio case) vertical and horizontal
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