REGNRSG 105 Lecture Notes - Lecture 16: European Union Competition Law, Chiquita Brands International, De Minimis
Document Summary
Context from in law to european law. Nature of eu law; monism and dualism. Light procedure art 48 teu since the lisbon treaty possibility to change a treaty without full procedure laid down in the vienna conv. European convention (with regard to the constitution) Original eec treaty was silent on the matter of the nature of eec (later eu) law. Rare for an igo to create legislation". Normally non binding (except when all the state agree by unanimity that they should be binding) Diversity with regard to monism and dualism in the different member states: van gend and loos. Ag->no (but on merits; not as principle; problems with supremacy in. Mr costa refused to pay a bill to enel of 1925 lire because he believed the nationalisation of electricity companies into enel was against eec treaty. New legal order revisited; the 1990"s advisory opinion: simmenthal. Only the italian constitutional court could set aside laws.
