Economics 3366A/B Study Guide - Quiz Guide: Flight Attendant, Sucker Free, Sabena
22 Sep 2020
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Allows individuals the right to use eu law in national courts. Developed by the cjeu not found in the treaties. Normally individuals don"t gain rights under international law. Vertical direct effect treaty articles are capable of granting rights to individuals against the member state (individual = any body that isn"t the state). Horizontal direct effect granting rights to individuals against other individuals. Secondary legislation can create vertical direct effect (because the member state has an obligation imposed upon it), but not horizontal. The cjeu has created ways for individuals to rely on directives indirectly against other individuals. The provision must be: clear and unambiguous, unconditional, not dependent for its operation on further action to be taken by the community or national authorities. In van gend en loos these criteria were satisfied. The treaty article must, in effect, be legally perfect. Court acts almost as a constitutional court.
