CO SCI 136 Lecture Notes - Lecture 33: Private Law, Hedley Thomas, Inter Partes
Document Summary
Van gend en loos national courts" task is to protect the rights of individuals under eu law and to give effect to eu provisions. Simmenthal in case of conflict of national law and eu law, national courts have to disapply national law, even if such power is only reserved to the constitutional court. Due to supremacy of eu law, every national court is also, functionally, an eu court (decentralized system, based on cooperative federalism). National procedural autonomy in the judicial enforcement of eu law, the eu relies on national judicial systems. Hence, the eu has imposed a number of duties on national courts. 4(3) & 19(1) teu ms are under the duty of sincere cooperation and shall provide remedies sufficient to ensure effective legal protection in the fields covered by eu law. Moreover, eu court has implemented the principles of equivalence and effectiveness, and a principle of liability.
