Direct Effect, What does Monism and Dualism mean?
4 important questions on Direct Effect, What does Monism and Dualism mean?
What is Monism Law?
Monism: International law operates similarly to national law.
As seen as one body as law
EU law is directly applicable so it doesn't need to be transposed into national law. Its irrelevant if MS folow monist/dualist approach because EU law is a new legal order and becomes therefore, automatically part of domestic law.
What is Direct applicability?
All EU law has Direct applicability, And if someone goes to court for example Van Gend focusses on a single cases than we can say it has Direct Effect...
What is Vertical Direct effect?
Vertical because the State is above the individual. Points upwards, so visualize a line going upwards, towards the state from the individual.
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What is Horizontal direct effect?
No state above, individuals at the same level, so visualize a horizontal line.
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