JN204 Lecture Notes - Lecture 11: Sabena, Sucker Free, Legal Personality
19 Nov 2020
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What was the legal basis for direct effect: court invoked spirit of e. c. Treaty (now t. f. e. u. ) in support of concept of direct effect. Developed community (now union)legal system in order to achieve treaty-stated aim of an ever closer union (deeper economic integration). Scope of direct effect: treaty provisions which meet 3-fold criteria (the van gend criteria ) are capable of direct effect. Upheld in reyners (2/74: a treaty provision will be directly effective if, 1) it is clear and precise, 2) it is unconditional (i. e. leaves no room for discretion to. M. s. or community institutions): no further implementation by m. s. is required, primary law (treaty provisions) and secondary legislation (regulations, Directives and decisions) are all capable of producing direct effects if they meet the. Van gend 3-fold criteria: but extent to which they are directly effective varies according to their legislative scope. Direct effect of directives: a directive shall be binding as to the result to be achieved upon each.
