Direct Effect Flashcards
1
Q
Process to answer direct effect
A
Define EU Law and direct effect Van Gend Directives only vertical (emanation of state) Can statute rely on direct effect?
2
Q
Directly effective legislation
A
Gives rise to rights or obligations which an individual can enforce before national court
3
Q
Treaty Articles (direct effect)
A
Vertical (Van Gend)
AND
Horizontal (Defrenne v SABENA)
4
Q
Regulations (direct effect)
A
Vertical (Leonesio)
AND
Horizontal (Antonio Munoz)
5
Q
Directives (direct effect)
A
Vertical ONLY (Van Deyn)
6
Q
Van Gend
A
For EU law to be directly effective it must be ‘sufficiently clear, precise and unconditional’
7
Q
Ratti
A
For Directive to be used vertically, implementation date of Directive must have passed
8
Q
Foster v British Gas
A
- carries out public service persuant to statutory duty (SD)
- is under state control (SC)
- has special powers (SP)
9
Q
NUT v St Mary’s School
A
Not all of Foster v British Gas requirements need to be met
