The Effects of EU Law in the National Legal Systems
C Barnard and S Peers (eds.), European Union Law (Oxford University Press, 2014) 140-173.
35 Pages Posted: 24 Dec 2013 Last revised: 24 May 2017
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The Effects of EU Law in the National Legal Systems
The Effects of EU Law in the National Legal Systems
The Effects of EU Law in the National Legal Systems
The Effects of EU Law in the National Legal Systems
Date Written: December 23, 2013
Abstract
This contribution provides a basic and generally accessible induction into the principles governing national application of EU law. It starts by explaining the default rules for the national application of EU law. It then focuses on three key principles: direct effect, indirect effect, and primacy. Further attention is paid to requirements formulated with respect to procedures for the national enforcement of EU law and State liability for breaches of EU law. The contribution closes with a case study, in which the interplay among the rules and principles is illustrated.
Keywords: EU law; effects in Member States; direct effect; primacy; conform interpretetation; state liability; procedural autonomy
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