DIRECT EFFECT Flashcards

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1
Q

DEFINITION

A
  • an EU legal provision is directly effective when an individual can invoke it against another party before a domestic court
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2
Q

DIRECT EFFECT OF TFEU

A
  • 26/62 van gend en loos found TFEU can produce direct effect
  • 43/75 defrenne v sabena found art 157 TFEU can be relied upon by individuals against other individuals
  • art 157 is mandatory in nature and regards gender discrimination not only on public authorities but also on paid labour agreements and contracts
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3
Q

VERTICAL DIRECT EFFECT

A
  • is an individual against a MS
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4
Q

HORIZONTAL EFFECT

A
  • individual against an individual
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5
Q

WHAT MAKES SOMETHING DIRECTLY EFFECTIVE

A
  • court applies this test:

A provision must be clear precise and unambiguous

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6
Q

WHAT CAN INDIVIDUALS ENVOKE

A
  • a great no. Of substantive provisions can be invoked by individuals
  • free movement of persons, services and capital
  • competition law
  • prohibition of tax discrimination
  • prohibition of gender discrimination
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7
Q

DIRECT EFFECT OF THE CHARTER

A
  • charter of fundamental rights also applies to MS when they act in the scope of EU law so has to be relied on with other sources of EU law
  • 414/16 art 21 and 47 of charter produce direct effect in horizontal relations and to be fully effective national provisions contrary to them Need to be applied
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8
Q

DIRECT EFFECT OF REGULATIONS

A
  • regulations can produce horizontal and vertical direct effect
  • confirmed in 253/00
  • vertical effect in 492/2011
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9
Q

DIRECT EFFECT OF DIRECTIVES

A
  • nationals rely on national law if directives are transposed
  • if they are not transposed in national law or late or partially the once transpiration period expires a directive may produce direct effect (RATTI)
  • there are limits (41/74)
  • directives cannot produce horizontal effect it must be against a MS
  • in Marshall ruled if employed by state can still invoke directive against employer
  • foster found u can do it even if suing a company that is state owned known as emanation
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