Search results
Results from the WOW.Com Content Network
The landmark judgments on the direct effect of Directives are Van Duyn v Home Office, [8] which established vertical direct effect of Directives, and Marshall v Southampton Health Authority, [9] which established that there is no horizontal direct effect of unimplemented directives. The horizontal direct effect of Directives is a contentious issue.
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 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.
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 ...
In that regard, in order to verify that the restrictive effects on intra-Community trade of the rules at issue do not exceed what is necessary to achieve the aim in view, it must be considered whether those effects are direct, indirect or purely speculative and whether those effects do not impede the marketing of imported products more than the ...
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 ...
Cf. recency effect and primacy effect. Subadditivity effect: The tendency to estimate that the likelihood of a remembered event is less than the sum of its (more than two) mutually exclusive components. [180] Tachypsychia: When time perceived by the individual either lengthens, making events appear to slow down, or contracts. [181] Telescoping ...
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 ...