week 5- Effects of EU Law in National Legal Systems Flashcards

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1
Q

How is EU Law enforced on national level

A

-Indirect effect
-Direct effect
-State liability

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2
Q

What is the b ody that enforces EU legal acts in the domestic sphere?

A
  • The national institutions
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3
Q

What are the 3 key principles of national enforcement of EU law?

A

1.direct effect–> disapplication of the national legislation
2. Consistent interpretation of dom. law with eu law –>indirect effect
3. Primacy of EU Law

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4
Q

What were the questions of law in the Rewe case

A

Under what conditions may national institutions lay down procedural restrictions relating to rights provided for by EU law?

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5
Q

What was the judgment in the Rewe Case

A

-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)

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6
Q

What are the conditions of apllying Indirect Effect

A
  1. Interpretative methods recognised by nat. law
  2. General principles of Law
  3. No CL interpretation
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7
Q
A
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