Post by roselin10 on Dec 5, 2023 3:00:28 GMT -5
Moreover, it occupies a key position in the canon of European law, used by the Court of Justice of the European Union (CJEU) in celebrations and festivities, being also taught to young students of Union law as one of the most important reference cases which are the basis of European law. In its decision, the European Court of Justice declared: "The Community constitutes a new legal order of international law in favor of which the states have limited their sovereign rights , albeit in limited areas, whose subjects include not only the member states, but also their nationals . Independently of the legislation of the member states , Community law not only imposes obligations on natural persons, but also has the role of conferring on them rights that are part of their legal heritage.
These rights arise not only when they are expressly Phone Number granted by the treaty, but also because of the obligations that the treaty imposes in a clearly defined way on individuals, as well as on member states and community institutions. Here we can observe in the Court's decision the essence of the Community from that crucial period: the limitation of the sovereign rights of the member states . How? Member states transfer some of their for better resource management (back then, coal and steel). It should be noted that in the year of publication of the Van Gend en Loos case ( ), the European.
Community was based on only member states: France, Germany, Italy, Belgium, the Netherlands and Luxembourg, and the period from to fundamentally opened the way for the discovery of the constitutional position of the legal service in the jurisprudence of the ECJ , even if the evolution was relatively slow initially. But why does this case represent an important reference for European law? Van Gend en Loos emphasizes for the first time in European jurisprudence the doctrine of direct effect. The " new legal order " is recognized in international law as a treaty between sovereign states , but it also has effect within the internal legal systems of the member states.
These rights arise not only when they are expressly Phone Number granted by the treaty, but also because of the obligations that the treaty imposes in a clearly defined way on individuals, as well as on member states and community institutions. Here we can observe in the Court's decision the essence of the Community from that crucial period: the limitation of the sovereign rights of the member states . How? Member states transfer some of their for better resource management (back then, coal and steel). It should be noted that in the year of publication of the Van Gend en Loos case ( ), the European.
Community was based on only member states: France, Germany, Italy, Belgium, the Netherlands and Luxembourg, and the period from to fundamentally opened the way for the discovery of the constitutional position of the legal service in the jurisprudence of the ECJ , even if the evolution was relatively slow initially. But why does this case represent an important reference for European law? Van Gend en Loos emphasizes for the first time in European jurisprudence the doctrine of direct effect. The " new legal order " is recognized in international law as a treaty between sovereign states , but it also has effect within the internal legal systems of the member states.