eur recht week 3 engels Flashcards
a provision has direct effect when
unconditional , sufficiently. clear , no implementation needed or incorrectly implemented
vertical direct effect
is between individuals and the country
horizontal direct effect
is consequentional in relations between individuals
treaty does it have direct effect and in which relation
yes (van gend en loos unconditional , sufficiently clear, no implementation needed/or incorrectly implementated
both vertical and horizontal relation
regulation
direct effect is presumeed, both vertical and horizontal
directive
only if unconditional, sufficiently precise, no implementation /failure to implement
decision
if adressed, sufficiently precise
lndirect effect
all national law must be interpreted in accordance with all eu law by all national authoroties
directives: no duty of conform interpretation before lapse of implementation period
limits on direct effect
1)interpretative methods recognized by national law
2)general principles of law
3)no interpretation contra legem
the most governmental eu institution
council
what kind of act is a delegated act
non legislative