CO SCI 136 Lecture Notes - Lecture 25: Ultra Vires, Vde E.V., Federal Constitutional Court
Document Summary
Classic international law holds that each state can choose the relationship between its. Two theories thereby exist: direct applicability and direct effect. Does the union legal order also leave the choice between monism and dualism to its member. The european court discarded any dualist leanings in the most important case of. Here the court insisted that the european legal order was a new legal order", independent from classic international law. Treaties were more than agreements creating mutual obligations between states: individuals also derive rights and obligations directly from european law. This means that direct effect requires direct applicability, but not the other way around: direct effect of primary law. Court affirmatively answered this question in van gend en loos by adopting a. Constitutional" view, under which european law was capable of directly creating individual rights. The direct test set out in van gend was made of three criteria. The provision must be: (a) direct effect: from strict to lenient test.
