MARKET 1 Lecture Notes - Lecture 18: Legal Personality, Putting-Out System, Legal Certainty
Document Summary
Topic i eu law & international law. Why the term supremacy" is problematic maybe best to use primacy instead. Some courts did not accept the supremacy of union law (vs. supremacy of national constitution: the court of justice never used the term supremacy". Schu tze: underlines federal" (system like germany and us) nature and qualities of eu structure: other views stress international nature and origins of eu structure, eu law as a system (derived) from international law. International law nature reflected by the eu (similarities to il) Member states remain to have the exclusive competence to make changes, master of the treaties". Key role of intergovernmental institution: the council: and increasingly: european council. Principle of conferral (lecture 2) the idea that the union has only the competences conferred to them by ms. Enforcement of eu law by individuals before national courts (different from il where states do so in front of international courts)
