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EU Law

Direct Effect Essay

Direct effect is a principle of EU law which draws much attention and criticism. Article 288 TFEU appeared to deny direct effect of Directives. However, in Van Duyn v Home Office[i] the ECJ, now the CJEU, held that Directives could have direct effect under certain circumstances. Failure to satisfy these conditions means that a Directive

Direct Effect Essay2021-01-05T14:44:35+00:00

Supremacy of EU Law and Brexit

The UK has facilitated the supremacy of EU law through enacting the European Communities Act 1972. However, the UK has accepted EU law is supreme in relation to all domestic laws. Jurisdictions like Germany have a narrower approach. Germany allows for the primacy of EU law only where EU law adequately protects constitutional rights enshrined

Supremacy of EU Law and Brexit2019-10-03T14:28:50+00:00