Direct Effect Intro Flashcards
2 objectives
Effectively protect individuals rights under EU law in NC
Ensure MS compliance with EU law (loyal coop Art 4(3) TEU)
Serves broad objective of(2)
Ensuring uniformity and effectiveness of EU law
Applies in addition to and independently of…
Commissions power to bring enforcement action against MS
A directly effective provision of EU law is…
A provision of (primary or secondary) EU law which contains a right - or obligation - and which is capable of being enforced by individuals in national courts
Directly effective provision defined in
Van Gend en Loos (1963)
Conditions of DE established in
Van Gend en Loos (1963)
VGL conditions (3)
Sufficiently clear and precise
Unconditional
Not dependent on further action of MS/EU
Sufficiently clear and precise (1) plus case example
Excludes provisions that are too vague/ general/ aspirational
Eg Zaera; “raising living standards”
Unconditional (2) plus one case
Excludes provisions with conditions
Doesn’t preclude a Treaty provision that allows derogations or limitations from being DE eg Van Duyn
Not dependent on further action of MS/ EU 2 cases
Defrenne v Sabena
Lütticke
Vertical DE
Individual v State
Horizontal DE
Individual v Individual
If the 3 condition for DE are met, do Treaty provisions have horizontal or vertical DE? Plus case
Can have both
Defrenne v Sabena
Direct effect? Regulations (3)
Art 288 TFEU
Direct applicability; no need for national implementation
DE; VGL conditions
DE regulations horizontal or vertical ?
Both
