EU Law

Question 1

What are the three principles of the EU Law?

Answer 1

1. Immediacy (Simmental Case, 1978) apart from directives because they need to be translated. Monism (a unique legal system).
2. Primacy (Costa vs. Enel Case, 1964) as a consequence of immediacy. It is absolute and retroactive.
3. Direct Effect (Van Gend and Loss Case, 1963): can be vertical or horizontal.

Question 2

How does the direct effect in primary law work?

Answer 2

It can be full (vertical and horizontal), partial (only vertical) and non existant.

Question 2

How does the direct effect in secondary law work?

Answer 2

• Regulations have a direct effect.
• Decisions to individuals have an automatic direct effect; to MS only if they confer rights to individuals
• Directives a priori no, but Van Duyn vs Home Office Case: clarity and precision, useful effect, only once the period to transpose it has expired. Sanctions can be applied.

Question 3

What is the Invocability of the EU Law?

Answer 3

It refers to the fact that individuals and entities have the right to rely on provisions of the EU law in National courts to protect their rights or challenge national laws. It arises from the principles of primacy and direct effect.

Question 4

What are the different forms of Invocability of the EU Law?

Answer 4

1. Invocability of Substitution: Allows the EU Law to replace conflicting national laws.
2. Invocability of Interpretation in Conformity: National courts must interpret national laws in conformity with the EU Law.
3. Invocability of Exclusion: If a national law cannot be interpreted consistently, the national court must disapply the law.
4. Invocability of Reparation: Individuals can claim compensation from States that fail to implement or comply with EU Law-