THE NATURE AND EFFECT OF EU LAW - The effects of EU law in the national legal systems
3 important questions on THE NATURE AND EFFECT OF EU LAW - The effects of EU law in the national legal systems
What are the three important elements to understand the nature of constitutional settlement?
The three important elements to understand the nature of the constitutional settlement within the EU are: institutions (1), procedures (2) and principles (3). Simply put: who enforces EU law in the MS, and how, following what procedures and guided by what principles.
What is the principle of primacy?
It came forward in case Cost/ENEL. The Court said that all EU law prevails over all national law. Basis of this principle lays within special and original nature of EU law.
Primacy in combination with direct effect provides efficient enforcement of EU law in national legal systems.
Primacy in combination with direct effect provides efficient enforcement of EU law in national legal systems.
What are the three important aspects of the principle of primacy?
- Primacy doesn't affect validity of national law provision in question, it only puts it aside in specific cases.
- Primacy in application is unreserved and absolute. All types of EU legislation prevail over national law.
- Primacy empowers all national judges to set aside incompatible national laws.
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