Direct Effect

Question 1

Direct Effect

Answer 1

If a provision of EU law has direct effect, individuals can enforce it in a national court

Question 2

Which sources of law are capable of direct effect?

Answer 2

Treaty articles, regulations, decisions, and directives

Question 3

Treaty Articles are capable of…

Answer 3

Vertical Direct Effect (Van Gend en Loos) and Horizontal Direct Effect (Defrenne)

Question 4

For treaties, direct effect can occur when measures are…

Answer 4

Measure must be sufficiently clear, precise, and unconditional and its implementation must not be dependent upon any implementing measure

Question 5

Directives are… and can be invoked…

Answer 5

Directives are capable of direct effect (Van Duyn) and can only be invoked vertically, against the state or a public authority (Marshall) **

Question 6

Public Body Test by Foster (1990)

Answer 6

(1) A body made responsible by the state for providing a public service
(2) Under state Control
(3) with special powers for that purpose beyond normally applicable between individuals

Question 7

Case: Van Gend en Loos (1963)

Answer 7

Principle of Direct effect established
A treaty article is directly effective if clear, precise and unconditional and its implementation requires no legislative intervention by MS.
Treaty articles are capable of vertical D.E.
Community = the community’s benefits are from states have limited their sovereign rights

Question 8

Case: Defrenne v. Sabena (1976)

Answer 8

Treaty articles also capable of horizontal direct effect.
Conditions for direct effect loosened —> Treaty article must be sufficiently clear, precise, and unconditional

Question 9

Case: Van Duyn v. Home Office (1974)

Answer 9

Directives are capable of direct effect

Question 10

Case: Marshall (1986)

Answer 10

Facts: Marshall sought to rely on Directive 76/207 in a sex discrimination claim.
Held: Directives can only be invoked vertically, against the state or a public body