Samenvatting - Fundamental rights in Europe (R_FunRE) Handgeschreven
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Course
Fundamental rights in Europe (R_FUNRE)
Institution
Vrije Universiteit Amsterdam (VU)
Samenvatting voor de benodigde stof voor het tentamen Fundamental Rights in Europe. Bevat alle arresten uitgewerkt in stappen.
Gehaald met een 7
Handgeschreven versie, getypte versie ook beschikbaar, zie account
,Week 1
What are fundamental rights ?
ECHR
↳ Council of
Europe
European Court of Human
Rights-Strasbourg(ECHHR)
Charter
↳
European Union
↳ Court of
Justice-Luxemburg (CYEG)
Legel
ECHR
effects
"depends on whether the country has a monism or
dualism system
-monist; provisions in treaties are
immediately part
of the national legalorder
dualistic; provisions in treaties only become part of
-
the national
legal order after they have
,
been convirted into a national rule by the
legislator
Charter-EU Law
↳Direct effect; a treaty is directly applicable in the
national courts
Van Duyn
time for implementation has passed
vertical-sagainst country
Handelsgesellschaft
the law
stemming from a treatie cannot because of
it's very nature be overridden
by rules of national
law
-
because of the uniformity and efficacy it is
Suppose to have
Melloni
rules of national law even of a constitutional order cannot
, ,
be allowed to undermine the effectiveness of EU Law
on the territory of that state
-national authorities and courts remain free to apply
national standards of protection of fundamental
rights provided that the levd of protection
,
provided for by the Charter and the primacy ,
unity and effectiveness of EU law are not thereby
compromised
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