Effects of EU Law in the National Legal Orders

Question 1

What did Van Gend & Loos confirm about the Effects of EU Law in the National Legal Orders

Answer 1

-Vertical Direct effect of treaty provision
-If:
- Treaty provision is clear
-Treaty provision is uncod.
-obl geared 2creates direct effects

Question 2

What did Costa v. Enel confirm about the effects of EU Law in the National Legal Orders

Answer 2

• Supremacy of EU Law

Question 3

What did the Simmenthal II Case confirm about the effects of EU Law in the National Legal orders

Answer 3

-reiteration that EU law takes precedence over national law
-Eve constitutional
-Disapplication of conf. nat. laws

Question 4

TRUE or FALSE: Simmenthal II exemplifies the principle of sincere cooperation (Art. 4(3) TEU)

Answer 4

-TRUE
-must ens. full effect of EU law

Question 5

TRUE or FALSE: Art. 267 TFEU describe the preliminary reference procedure

Answer 5

-TRUE

Question 6

Explain the preliminary reference procedure

Answer 6

• nat. court ask CJEU for clarifi. on interpr. or validity of EU Law

Question 7

Describe the effects of the preliminary reference procedure

Answer 7

• bining on national court, must apply interpretation

Question 8

What did Walrave confirm about the effects of EU Law in National Legal orders

Answer 8

• Direct horizontal effect of treaties

Question 9

What did Kolpinghuis conclude about the effects of EU Law in the National Legal Orders

Answer 9

• State cannot rely on directive it has failed to implemet
  -2 impose punish
  -4 individuals

Question 10

TRUE or FALSE: Regulations can have both horizontal and vertical direct effect

Answer 10

-TRUE
- Munoz: direct horizontal effect
-But obvi with criteria doed

Question 11

TRUE or FALSE: Directives have horizontal direct effect

Answer 11

-FALSE
-Established in Marshall

Question 12

What did Marshall confirm about the effects of EU Law in the National Legal Orders

Answer 12

-Directives have vertical direct effect
-But not horizontal direct effect

Question 13

TRUE or FALSE: when a directive lacks direct effect the court must disapply the directive

Answer 13

• Not necessarily
  -nat. courts must interpret nat law as far as possible in confom. with the DIR. obje
  -CONSISTENT INTERPRETATION
  -Indirect effect
  -Faccini Dori

Question 14

Describe the process of establishing state liability 2 gain damages

Answer 14

-SUFFICIENTLY SERIOUS breach of EU Law
-Provision breached must grant rights 2 individuals
-causal link between breach and damage suffered
-Brasserie du Pecheur