Supremacy and Direct Effect Flashcards

1
Q

does union law always prevail

A

always prevails over provisions of national law whether passed before or after the treaties

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2
Q

what is a case that shows that EU law will always prevail

A

internationale Handelsgesellschaft

COSTA V ENEL

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3
Q

For a treaty to be directly effective what must it be

A

clear and consisse
unconditional
requires no further implementation

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4
Q

direct effect can either be….

A

vertical - when EU law is invoked against the state

horizontal - when EU law is invoked against an individual

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5
Q

name a case of horizontal direct effect

A

Deference v Sabena

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6
Q

can directives have a horizontal direct effect

A

NO only vertical

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