EU aw in the UK

Question 1

What is meant by Direct Applicability?

Answer 1

Direct Applicability – EU provisions are directly applicable if they automatically become part of a member state’s law (UK).

Question 2

Are Directives directly applicable?

Answer 2

Directives are not directly applicable. Do not need to be implemented/transposed into national law

Question 3

What is meant by Transposition?

Answer 3

A directive is transposed into UK law through many ways. (Implemented)

Question 4

Can Individuals enforce rights under regulations?

Answer 4

Yes, this is easier for an individual to do as the regulation is part of the Member States law.

Question 5

Can an individual enforce their rights under a directive?

Answer 5

The individual must wait until the Member State has transposed the directive into national law as M.S do not always directly implement them.

Question 6

Does an individual have much domestic provision to rely upon?

Answer 6

No, as Member States do not always directly implement directives.

Question 7

Is Direct Effect addressed in original treaties?

Answer 7

no

Question 8

What did the CJEU hold?

Answer 8

CJEU held that certain treaty provisions could be relied upon in their national courts

Question 9

What are the two parts of Direct effect?

Answer 9

1. EU Law provides individuals as well as Member States with rights and obligations,
2. Such rights and obligations are enforceable in the national courts.

Question 10

What is the Van Gend Criteria?

Answer 10

Regulations and decisions are capable of having direct effect providing they fulfil the Van Gend Critera.

Question 11

What does the Van Gend criteria consist of?

Answer 11

1. Provision must be clear and precise
2. Provision must be unconditional
3. It must leave the Member State with no discretion in implementation.

Question 12

What does Vertical Direct effect refer to?

Answer 12

Vertical Direct effect – refers to an individual challenging the Member State

Question 13

What does Horizontal direct effect refer to?

Answer 13

Horizontal Direct Effect – refers to the individual challenging a member of the EU.

Question 14

What was established in Van Duyn v Home Office?

Answer 14

directives may give rise to direct effect providing they satisfy the Van Gend Critera.

Question 15

What was established in Pubblico Ministero v Ratti?

Answer 15

third Van gend criteria is satisfied once the date on which the directive should have been implemented has passed.

Question 16

What was established in Marshall v Southampton & SW Hants AHA?

Answer 16

directives are capable of having vertical direct effect only.

Question 17

What happened in Foster v British Gas PLC?

Answer 17

Held that organisations which were to be treated as emanations of the State were those which;
• Had been made responsible by the State to provide a public service
• Provided that service under the control of the State and
• Had special powers to provide that service beyond those normally applicable to relations between individuals.