Law 3101A/B Study Guide - Quiz Guide: Chemical Substance, Enel
16 Oct 2018
School
Department
Course
Professor
Document Summary
The question how the law of the eu (then eec) related to the national laws of the member states was answered by the ecj in its decision in the van gend & loose case. Van gend & loos case: - company imported chemical substance , by which the import had to be charged with import duty (taxes) Question was wether eu (eec) law could be set aside by later national legislation. In van gend & loos and costa/enel cases, the ecj has claimed ground for eu law as a legal order in itself, the rules of which apply directly in the member states and override the national rules. The eu may have powers which prevail over member states, but only in the fields where member states have given the eu that power. The eu is to perform juridical acts and change the legal position of the member states and their nationals, it must have received the competence to do so.
