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
2
Q
what is a case that shows that EU law will always prevail
A
internationale Handelsgesellschaft
COSTA V ENEL
3
Q
For a treaty to be directly effective what must it be
A
clear and consisse
unconditional
requires no further implementation
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
5
Q
name a case of horizontal direct effect
A
Deference v Sabena
6
Q
can directives have a horizontal direct effect
A
NO only vertical