REGNRSG 105 Lecture Notes - Lecture 21: Logical Consequence, Chief Constable, Legal Certainty
Document Summary
Eu law: chapter 4: enforcing eu law rights in national courts. Van gend en loos in order for eu law to be effective, they must be capable of direct effect but some conditions must be fulfilled for eu law to be capable of direct effect. Treaties: van gend en loos: coj: principle of direct effect on the basis that eu law intended to confer rights on individuals and that these rights must therefore be enforceable. Decisions: grad v finanzamt traunstein: coj recognized direct effect of decisions: since decisions are binding, they must be capable of enforcement by those who were affected by them. Recommendations and opinions: grimaldi case: coj: since recommendations were not intended to have binding legal effect, it would be inappropriate fort hem to have direct effect same applies to opinions. The condition for the direct effect of treaty articles and regulations.
