Economics 3366A/B Study Guide - Quiz Guide: Enel, Federal Constitutional Court
8 Oct 2020
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Direct enforcement of eu law by nationals before national courts (direct effect) Primacy of eu law over national law. Court determined that eu is a new legal order of international law. Subject: not only ms, but also their nationals, with enforceable rights. Direct effect when criteria of van gend en loos criteria are fulfilled. Based on 288 tfeu (direct application) and van gend en loos criteria are fulfilled. Based on 288 tfeu: two types of decisions: no addressee, i. e. general application (commission decision, addressee is indicated, i. e. fine towards a company after the violation of competition law. Direct effect under certain conditions (van duyn) of a provision of the directive (not the. 3 conditions: after expiration of the transposition deadline (different from entering into force, which means how it begins to legally exist article 297(1) tfeu. Initially: foster outlined the criteria, which were subsequently clarified by the court in.
