EU Legal Order Cases

Acte clair doctrine; acte éclairé doctrine; mandatory reference obligation for courts of last instance under Art. 267(3) TFEU

Autonomy of EU legal order in terms of exclusive jurisdiction of CJEU; mutual trust principle

Autonomy of EU legal order in terms of limits of international law in EU legal order (Security Council resolution)

Constitutional character of Treaties; Parliament subject to judicial review

Definition of "court or tribunal" for Art. 267 TFEU; requirements for bodies to make preliminary references

Definition of court/tribunal; independence and impartiality requirements; bodies not established by law

Supremacy/primacy of EU law; autonomy of EU legal order; EU law creates independent source of law

Supremacy over national constitutions; fundamental rights as general principles of EU law; effective judicial protection

Non-contractual State liability for breaches of EU law

Non-contractual State liability for breaches of EU law; applies to all state organs including legislature

No horizontal direct effect of directives; obligation of consistent interpretation; vertical effect only

Judicial independence requirements; separation of powers; rule of law under Art. 19 TEU; nonregression principle

Direct effect doctrine; EU law creates rights for individuals; national courts must protect EU rights; new legal order

Direct effect of directives when clear, precise, unconditional; vertical direct effect

Doctrine of individual concern; restrictive standing test; applicant must be affected by reason of attributes peculiar to them or circumstances distinguishing them