application of EU law

Question 1

where is eu law adopted

Answer 1

in brussels, but applied in all MS

Question 2

what must MS do in terms of EU law

Answer 2

adopt all measures which are necessary to accomplish the demand of EU law

Question 3

role of judges in application of EU law

Answer 3

• Judges have a very important role in this application

- national judges are community judges because they apply community law

Question 4

why are national judges EU judges

Answer 4

interpret and apply EU law day by day

- An important task national judges have consist on apply EU law on their judicial task

Question 5

what guides do national judges use in application of EU law?

Answer 5

• principle of primacy
• principle of direct effect of EU norms
• principle of responsibility of the MS

Question 6

how do the MS have autonomy?

Answer 6

MS have the autonomy to execute EU law according to their own State organization and through their own procedures

Question 7

what is the duty of cooperation?

Answer 7

• EU and MS must respect and assist each other in accomplishment of duties from treaties.
• MS will adopt all general measures appropriated to ensure the accomplishment of obligations
• will help the EU in its mission and will not put in danger its objectives

Question 8

what is direct effect

Answer 8

norm of EU law that introduces an individual right (eg right to not be discriminated, right to access to job…), that does so in a clear and unambiguous manner
- private individuals can directly invoke EU rules before national courts

Question 9

direct effect requirements

Answer 9

1. affirmation of right in clear and precise manner

2. self sufficiency of standard (does not require added legislation)

Question 10

what case affirmed direct effect?

Answer 10

Van Gend and Loos

- individuals can go to national courts and say that they have a right coming from an EU law

Question 11

difference bw vertical and horizontal direct effect

Answer 11

• Vertical direct effect - can use EU legislation against a member state
• Horizontal direct effect - can use EU legislation against another individual

Question 12

do regulations have direct effect

Answer 12

yes

- can sue the state if the state violates regulation. Can sue legal person if they violate the regulation

Question 13

do directives have direct effect

Answer 13

directives are not directly effective, as they cannot be used in court until they have been enacted by national legislation
- they are not self sufficient or clear and precise

Question 14

when can directives have direct effect

Answer 14

things get complicated when member states do not implement directive within deadline
- A directive that’s not been implemented, or insufficiently implement, directive can be invoked by the holder of the right before the judge, against the member state

Question 15

Corte Ingles v Blazquez

Answer 15

Person sues company. Spanish legislators had not transposed directive. Company said EU directive existed but as the Spanish government had not transposed it, the person can’t go after the company, because they are not responsible for the non-transposition of the directive. The only solution was that the person went after the government

Question 16

primacy

Answer 16

EU law always prevails

- If no primacy, member states could unilaterally impose their own legislations - eu law would cease to exist

Question 17

case about primacy

Answer 17

costa v enel

Question 18

what is irrelevant for primacy

Answer 18

whether the national law in conflict is a prior norm or is a subsequent law regarding EU law

Question 19

what did. simmenthal case say

Answer 19

• If conflict between prior national legislation and EU law adopted subsequently, then national judge ignores the old law and applies EU law
• If conflict between prior EU law and newly adopted national legislation, legal consequences are different. national judge does not apply national law but added to this, court affirms that national norm never existed/came into force (competing legislation eliminated from legal order)

Question 20

Grogan case ratio

Answer 20

abortion case

court is ready to impose EU law over national constitution

Question 21

what country does not accept primary wrt constitution

Answer 21

german court does not accept that primacy applies to German constitution
- even if if court of justice presents this as a principle, the german constitutional courts refuses

Question 22

is there state liability in tort for infringement of EU law?

Answer 22

yes

- when someone suffers a damage caused by EU institutions through the legislation, or caused by EU agents

Question 23

what must pl prove for state liability in tort

Answer 23

• illegal action
• harm
• causal link

Question 24

what is the deadline for state liability in tort

Answer 24

5 years to start action

Question 25

Sofrimport v Council case

Answer 25

apple case

- harm that regulation did not have annex that considered goods in transit when regulation was adopted

Question 26

Stanley Adam v Commission

Answer 26

• senior executive, discovered documents indicating that company was price-fixing. Passed on the documents to the competition commission
• EEC failed to keep his name confidential during its investigation. Adams was arrested and charged with industrial espionage and theft. Adams’ wife was told that he faced a 20-year jail term for industrial espionage. She committed suicide. In the end, Adams served six months in prison
• ECJ ruled that the EC was partly responsible for the damage suffered by Stanley Adams