PSY 005 Lecture Notes - Lecture 17: Air Force Two, Statute Of The International Court Of Justice
12 Sep 2020
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B: directive 2004/38, article 27(1): restrictions to freedom of movement. Here there is no permanent right of residence, but threshold is not met. Need to have a legal basis in treaties: will determine if and how much eu can act + under which procedure (supporting competences: no harmonization) Need to respect principles of subsidiarity (unless if exclusive competence) objective can be better achieved at eu level and proportionality (union"s institutions must act as little as possible in order to achieve the goal) The choice must be based on objective criteria, i. e. the aim and content of the measure. Direct applicability: no national measures to implement to norm in question (treaty, regulations) Direct effect: possibility as an individual to rely on eu law before national court to ascertain certain rights. Arsiwa (articles drawn by ilc, customary international law due to gabcikovo-nagymaros)
