Direct Effect Flashcards
Direct effect of EU law
An individual relies on EU legal provisions granting them rights before a national authority.
When is a provision capable of direct effect?
Must be clear, precise and unconditional and does not give the member states substantial discretion in its application.
Ursula Becker p. Finanzamt Minister
The court determined that a Member State is prohibited from gaining an advantage from its own non-fulfillment of an obligation under Community law. It ruled that individuals were not precluded from relying on provision by direct effective directives in the event that a Member State had faild to transpose the directive into its domestic legal system within the specified time limit.
Faccini Dori
A directive cannot of itself impose obligations on an individual and cannot therefore be relied on as such against an individual.
Principle of consistent interpretation
Obligation of national authorities to ensure the full effect of EU law.
Von Colson - national courts should interpret national law in line with EU law.
Should not be an interpretation contra legem.
Art 22 TFEU- derivative of Union citizenship.
Practical expression of principle of equality and principle of non-discrimination.
Simmenthal - effectiveness of EU law
The national courts, whose task it is to apply the provisions of Community law in areas within their jurisdiction, must ensure that they take full effect
Handelsgesellschaft
Underlying principle of no new remedies rule- no new remedies are to be created on the basis of effectiveness, you have to rely on the framework that’s already there.
Practical possibility
national rules and procedures shouldn’t make the exercise of an EU law right impossible to practice
The EU has not created its own system of damages and remedies for breaches of EU law
Unibet 2007 - case an opportunity to create remedies but not seized
Interpretation of primacy and direct effect - 2 models
“composite” legal order whereby a constitutional approach dictates a certain structure to which laws should be regarded as higher
a pluralistic approach where no hierarchy exists between different legal orders.
