Law 2101 Study Guide - Quiz Guide: Treaty Of Rome, Ultra Vires, Constitutional Court Of Italy
Document Summary
Van gen den loos v nederlandse administratie der belastingen (case 26/62) [1963] ecr 1. The national court asked the court of justice whether member states" nationals may, on the basis of a treaty article, enforce rights before the national court. Member state"s infringements of [eu] law could be brought only in enforcement proceedings by the commission of other member states, directly in the court of justice. Held: the court disagreed, holding that the treaty is not only an agreement creating obligations between member states. Eu law imposes obligations upon individuals and confers on them legal rights. [article 30] was capable of capable of creating direct effects in the legal relations between the member states and their citizens". Direct effect not only provided a mechanism for the enforcement of individuals" rights but also an additional means of supervision of member states" compliance with [eu] obligations.
