week 5- Effects of EU Law in National Legal Systems

Question 1

How is EU Law enforced on national level

Answer 1

-Indirect effect
-Direct effect
-State liability

Question 2

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

Answer 2

• The national institutions

Question 3

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

Answer 3

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

Question 4

What were the questions of law in the Rewe case

Answer 4

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

Question 5

What was the judgment in the Rewe Case

Answer 5

-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)

Question 6

What are the conditions of apllying Indirect Effect

Answer 6

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