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The Conference also decided to attach as an Annex to this Final Act the Opinion of the Council Legal Service on the primacy of EC law as set out in 11197/07 (JUR 260): Opinion of the Council Legal Service of 22 June 2007 It results from the case-law of the Court of Justice that primacy of EU law is a cornerstone principle of Union law.
Direct effect is applicable when the particular provision relied on fulfils the Van Gend en Loos criteria. It is therefore applicable in the case of treaty articles (Van Gend en Loos was a claim based on a treaty article), in which case it can be both vertically and horizontally directly effective.
In persuasive communication, the order of the information's presentation influences opinion formation. The law of primacy in persuasion, otherwise known as a primacy effect, as postulated by Frederick Hansen Lund in 1925 holds that the side of an issue presented first will have greater effectiveness in persuasion than the side presented subsequently. [1]
The court justified the doctrine of direct effect on the basis of the autonomous nature of the legal order that was created by the Treaty of Rome. [5] [6] [7] The autonomy of the EEC (now EU) legal order means that EU law itself decides on the manner in which EU law creates effects in the national legal orders. The Court held that the autonomy ...
But under article 263(4) a "natural or legal person" must have a "direct and individual concern" about the regulatory act. "Direct" concern means that someone is affected by an EU act without "the interposition of an autonomous will between the decision and its effect", for instance by a national government body. [140]
The Treaty of Lisbon of 13 December 2007 did not include the article on primacy, but instead included a Declaration concerning primacy recalling the Costa v. ENEL judgment. ENEL judgment. French Judge Robert Lecourt, who was on the Court from 1962 to 1976, would later argue these decisions "added nothing" other than to "give effect" to the ...
In effect, after the Lisbon Treaty, the Charter and the convention now co-exist under European Union law, though the former is enforced by the European Court of Justice in relation to European Union measures, and the latter by the European Court of Human Rights in relation to measures by member states. [14]
Direct applicability is often confused with the doctrine of direct effect. This confusion is perhaps explained by reference to the treaty provision governing regulations which provides that they, and only they, have direct applicability within the member states. The early jurisprudence of the ECJ suggested that 'direct effect' was a consequence ...