week 5- Effects of EU Law in National Legal Systems Flashcards
How is EU Law enforced on national level
-Indirect effect
-Direct effect
-State liability
What is the b ody that enforces EU legal acts in the domestic sphere?
- The national institutions
What are the 3 key principles of national enforcement of EU law?
1.direct effect–> disapplication of the national legislation
2. Consistent interpretation of dom. law with eu law –>indirect effect
3. Primacy of EU Law
What were the questions of law in the Rewe case
Under what conditions may national institutions lay down procedural restrictions relating to rights provided for by EU law?
What was the judgment in the Rewe Case
-If there are EU procedural rules in this field of interest they have primacy
-if they don’t exist than the national administrative rules must be complied with
-Unless the time frame to submit administrative application is absolutely unreasonable(C5)
What are the conditions of apllying Indirect Effect
- Interpretative methods recognised by nat. law
- General principles of Law
- No CL interpretation