Economics 3366A/B Study Guide - Quiz Guide: Enel, Estoppel, Legal Certainty
23 Sep 2020
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If we can use articles from all treaties, first refer to teu, then tfeu and after to the charter: eu secondary law (288 tfeu) Implementing (executive) or delegated acts (modify legislative acts). Supremacy of eu law and direct effect are not mentioned in the treaties, but we have case law for that and they frame eu law. Secondary law is binding the ms as well as primary law. Supremacy was established by costa v enel case in the 60"s. It means that eu law prevails over national laws. Direct effect was established by van gend en loos case in the 60"s. It means that individuals can rely on eu law in their advantage against ms or the ue. Directive: only vertically because ms needs to implement the directive in national law, individuals are not responsible. Individuals have to follow some steps in order to claim their rights.
