direct effect

Question 1

established by (case)

Answer 1

Van Gend en Loos

Question 2

two types

Answer 2

vertical and horizontal

Question 3

rationale

Answer 3

effet utile, estoppel

Question 4

“clear and unconditional”

Answer 4

establishes in van Gend en Loos
three point test (Francovich)
- identifies beneficiaries of the rights it conveys
- identifies the contents of those rights
- identifies the entity responsible for administering those rights

Question 5

direct effect of Treaty articles

Answer 5

horizontal and vertical if clear and unconditional

Question 6

direct effect of regulations

Answer 6

if clear and unconditional

Question 7

direct effect of decisions

Answer 7

• vertical if clear and unconditional and any deadlines have passed
• horizontal depends on the addressee

Question 8

direct effect of unimplemented directives

Answer 8

• sufficiently clear and unconditional
• deadline for implementation has passed
• emanation of the state –> vertiacl only
• confers rights on individuals

Question 9

incidental direct effect of directives

Answer 9

• when used to remove obligations rather than impose them (shield not sword)
• when judgment concern validity of state regulations

Question 10

what constitutes an emanation of the state?

Answer 10

Marshall, Foster
Foster test - established more as guidelines than restrictive criteria –> potentially wide scope
- provides a public service and
- does so under state control and
- has special powers