Direct and indirect effect Flashcards
What does effect of EU law relate to
The extent to which it can be relied upon in the domestic courts of member states
2 types of effect:
Direct and indirect
What is direct effect
EU law is directly enforceable in domestic courts
What is indirect effect
National courts must interpret domestic law in line with EU law
Authority for DE
Van Gend en Loos
Authority for IE
Von Colson and Kamman v Land Nordrhein-Westfalen
What EU legislative acts does DE apply to
treaty articles, regulations, decision and directives
BUT NOT opinions and recommendations
Conditions of DE acts
- clear and precise
- unconditional
- no room for domestic discretion
2 types of DE
Vertical = state vs individual
Horizontal = individual vs individual
What acts have both vertical and horizontal DE
treaty articles, regulations and decisions
What acts only have vertical DE
directives
Does DE still apply to UK
Yes, retained law still has DE
When does IE apply
When DE doesn’t
2 duties of IE
Positive - consistent interpretation
Negative - avoiding interpretation that compromises EU law attainment
Limitations of IE
- duty is only to interpret as far as possible
- other EU principles
