Direct effect Flashcards
What is Direct Effect (broad sense)
A concept allowing binding EU laws to be invoked and relied upon by individuals before national courts.
What is Direct Effect (narrow sense)
The capacity of a provision of EU law to confer rights on individuals.
What are the three conditions for an EU law provision to have direct effect
It must be clear precise and unconditional (not requiring further implementation measures).
What is the purpose of Direct Effect
It serves as a legal remedy that guarantees the rights of individuals under EU law.
What is Vertical Direct Effect
It allows individuals to invoke EU law against the state or state bodies.
What is Horizontal Direct Effect
It allows individuals to invoke EU law against other individuals or private entities.
Which EU legal instruments have both vertical and horizontal direct effect
EU Treaties and Regulations.
Do Directives have horizontal direct effect
No Directives generally only have vertical direct effect and only after the implementation deadline has passed.
What landmark case established the principle of direct effect
Van Gend en Loos (Case 26/62 1963).
What was the key quote from Van Gend en Loos about the EU legal order
“The Community constitutes a new legal order of international law for the benefit of which the states have limited their sovereign rights albeit within limited fields and the subjects of which comprise not only member states but also their nationals.”
Which case established that Treaty provisions could have horizontal direct effect
Defrenne v Sabena (Case 43/75 1976).
Which case confirmed that directives can have vertical but not horizontal direct effect
Marshall v Southampton and South-West Hampshire Area Health Authority (Case 152/84 1986).
Which case reaffirmed that directives cannot have horizontal direct effect between private parties
Faccini Dori (Case C-91/92 1994).
What is the relationship between Direct Effect and Supremacy
Together they require national courts to apply EU law at the request of individuals and give EU law priority over conflicting national law.
What is Consistent Interpretation (Indirect Effect)
The principle that national courts must interpret national law in conformity with EU directives.
What is the Francovich Principle
When a Member State fails to implement a directive it may be liable for damages if certain conditions are met.
What are the conditions for State Liability under the Francovich Principle
1) The directive intended to confer rights on individuals 2) The content of those rights can be identified from the directive 3) There is a causal link between the breach and the damage suffered.
What is the “Emanation of the State Test” (Foster Test)
A test to determine whether an entity counts as “the state” for vertical direct effect of directives.
What are the criteria for an entity to be considered an “emanation of the state” under the Foster Test
It must be 1) A body or organization 2) Even if governed by private law 3) To which a Member State has delegated a public interest task 4) That possesses special powers beyond those applicable to relations between individuals.
What did the Thelen Technopark case (2022) establish about directives and horizontal disputes
EU law does not require national courts to disapply national legislation in disputes between private individuals solely on the basis of EU law.
What alternative remedies exist when directives cannot be directly enforced
1) Seeking to disapply legislation on the basis of domestic law 2) Claiming compensation from the state for losses sustained due to non-conformity with EU law.
