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From course:

EU Recht (Week 1)

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Question:

Define the direct effect of primary law.

Author: Bas Dubbelman



Answer:

The effect: 1. Treaties are primary law 2. Van Gen en Loos confirmed that treaties could have direct effect (case concerned the internal market)' 3. There were two competing views before the court: - Dualist: legal rights of private parties could not derive from the treaties, but solely from a legal measure of a MS - Monist: EU law was capable of directly creating individual rights 4. Court favoured monistic view


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