EU Law Flashcards
What is the ratio of Van Gend de Loos?
Created the principle of direct effect, created criteria which means that treaty articles must be sufficiently clear and precise, and unconditional to be directly effective.
What is the ratio of Defrenne?
It loosened the criteria of Van Gend to Sufficiently clear and precise, and unconditional.
What is the ratio of Costa v ENEL?
ECJ declare that EU law must take priority over and supersede any national provision which clashes with EU law
What is the ratio of Internationale Handelgesellschaft?
a provision of national constitutional law cannot be invoked in order to nullify the application of EU law
What is the ratio of Simmenthal?
National judges must apply EU law and set aside any provision that conflicts with EU law, prior or subsequent, where the law is incompatible with EU law.
What is direct effect?
Directly effective legislation is legislation giving rise to rights or obligations which individuals may enforce before their national courts. There are two types of direct effect – vertical and horizontal.
What is vertical direct effect?
treaty articles can be invoked by individuals against the state or public body. Established by Van Gend de Loos [].
What is horizontal direct effect?
where an individual can invoke/appeal a provision on EU law in national courts against another individual
