Viking and Laval: Issues of Horizontal Direct Effect

Autor:	Alan Dashwood
Rok vydání:	2008
Předmět:	Order (business) Law Political science Member states Legislation Treaty International law Economic Justice
Zdroj:	Cambridge Yearbook of European Legal Studies. 10:525-540
ISSN:	2049-7636 1528-8870
DOI:	10.1017/s1528887000001427
Popis:	It is more than 40 years since the Court of Justice first articulated in Van Gend en Loos the principle that has come to be known as the direct effect of Community law, and which means, in broad terms, that rules derived from the EC Treaty, so long as they are capable of being applied using ordinary judicial techniques, form part of the law available to courts and tribunals in the Member States for resolving disputes before them. As the Court famously stated: … the Community constitutes a new legal order of international law ... the subjects of which comprise not only the Member States but also their nationals ... Independently of the legislation of Member States, Community law therefore not only imposes obligations on individuals but is also intended to confer upon them rights which become part of their legal heritage.
Databáze:	OpenAIRE
Externí odkaz:	https://explore.openaire.eu/search/publication?articleId=doi_________::444aed6fb2f1cbaa2e35b82724f88bc5 https://doi.org/10.1017/s1528887000001427 Zobrazit plný text záznamu