L2: Fundamental principles of the EU’s legal order Flashcards
what is the principle of direct effect and which case?
Van Gend and Loos case. it creates rights and obligations for individuals, which can be enforced in national courts.
what three provisions needs the principle of DE to have?
- Clear and precise (can only be used in court when it is clear for both parties, what kind of rights and obligations are actually created).
- Unconditional (not depend on any intervention of another body to implement it first, the rule has to be directly effective).
- Not subject to any further implementing measures (rule must be direct and doesn’t need to be translated into a directive or regulation).
what is Vertical Direct Effect ?
individual against MS. It only works if an individual imposes a clear, precise, and unconditional obligation upon a MS, if the regulation creates rights and obligations for individuals, and if the directive is not transposed in time or incorrectly.
what is horizontal directive effect?
individual against individual; individual can be individual person or individual organization/company.
Only works if an individual imposes a clear, precise, and unconditional obligation, and if the regulation creates rights and obligations for individuals. Since it is not against a MS, it cannot be about directives, as there is no transposition.
what is the principle of supremacy and which case?
Costa/ENEL Case,
It is about uniform interpretation and application of EU law, and where national law and EU law conflict, EU law must take precedence.
when is there State Liability for Incorrect or Late and which case?
Francovich Case,
Right to compensation in case a directive is implemented incorrectly or late by a member state and the directive:
• 1. Creates right/obligations for individual.
• 2. The content of these rights can be identified from the directive articles.
• 3. The damage is a direct result of late or incorrect transposition into national law.
