Economics 3364A/B Study Guide - Quiz Guide: Judicial Activism, Federal Fiscal Court, Enel
25 Oct 2020
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2/3 of cj judgments (not gc) are preliminary rulings, the vast majority are on interpretation, and a minority on validity or both (pringle) 470 new references in 2015: germany 84, italy 62, spain 47, nl 26, belgium 26, Repeat players over the years: bundesfinanzhof 313, dutch supreme court. 278, corte di cassazione 141, consiglio di stato 134. All-time references from constitutional courts: belgium 32, austria 5, italy and. Bulgaria 2, france, germany, poland, spain, slovenia, lithuania and lux. It depends on the constitutional law that the state applies. In dualist system the citizens cannot rely on the treaty provision / international treaty norms. The question is to be answered by the ms itself due to the system. / national constitutional law that applies monist or dualist. The eec treaty introduced an own autonomous legal order. Of international law where its citizens can participate by virtue of the treaty itself therefore there is direct effect in combination with primacy.
