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Samenvatting - Fundamental rights in Europe (R_FunRE) Handgeschreven $3.77   Add to cart

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Samenvatting - Fundamental rights in Europe (R_FunRE) Handgeschreven

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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

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  • March 21, 2024
  • 19
  • 2023/2024
  • Summary
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Samenvatting
Fundamental rights in EU

,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

,Directives - direct effect
↳ vereiste :

Van
Genten Loos
-





sufficiently clear
↳ unconditional
automatic (doesn't require action)
-


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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