ECON-1006EL Quiz: Special Nature of EU Law
27 Oct 2020
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Special nature of eu law: own supranational institutions in charge of decision-making, law- making and enforcement, member states can be bound without consent (e. g. Qmv: citizens are directly represented in the european parliament, jurisdiction of the cjeu. System of individual judicial protection: direct enforcement of eu law. Before national courts: primacy of eu law. National judge should set aside the national law: reasoning: effectiveness of eu law; national courts are protectors of rights under eu law. Power of the eu to act: no general legislative competence, principle of conferral (legal basis, competence. The choice of legal basis is important because the eu may choose to base its decisions on a basis which would grant it more power than the appropriate legal basis would: subsidiarity. Objective can better be achieved at eu level. In case of shared or supporting competences. The eu should not intervene more than what is necessary to fulfil the goal.
