questions

Question 1

what is article 263

Answer 1

Direct action
citizen’s conflict is directlywith an EU institution
Nothing is carried to in international court

allows any natural or legal person to institute proceedings only “against a regulatory act which is of direct concern to them and does not entail implementing measures.”

Question 2

What is article 267

(what is reference what is a preliminary rulling?

Answer 2

Indirect action ~

To understand the real interpretation of the EU law he court can ask a question to the ECJ on how to interpret the EU law and this is called a reference

The answer that the ECJ gives to this question is called preliminary ruling because before the case has been ruled and decided on it, tells you how the law has to be interpreted

Question 3

treaty of paris set what isntiution and why?

Answer 3

The Treaty of Paris in 1952 introduced 1 community - the ECSC (European Community for Coal and Steel).

Treaty of Paris was for peace using all of the economics tools by tying west Germany’s industries to the rest in attempt to prolong the peace.
Treaty of Paris removed trade restrictions and create supranational security and authroity

Question 4

what and why did the treaty do a sunset clause?

Answer 4

an attempt to regulation Supra-national that is temporary and aims to regulate coal and steel. Reassuring the members that this is a temporary situation.

Question 5

what is a susnset clause?

Answer 5

A sunset law states that a given agency will cease to exist after a fixed period of time unless the legislature reenacts its statutory charters

Question 6

What is dirct effect?

Answer 6

provisions of binding EU law that are 
clear 
precise
unconditional 
enough to be invoked and relied on by idividuals before national court

CAPACITY OF A PROVISION OF EU LAW TO CONFER RIGHTS ON INDIVIDUALS

Question 7

Which case and how estblished direct effect on treaty articles

Answer 7

Van gend en Loos 26/62

I take a provision in the treaty and use it in court as a citizen to rely on it and derive rights

If I derive rights, has a right to not pay the taxes and the states f«refunds hi

Question 8

What’s the analysis for direct effect?

Answer 8

“Can I use that provision in court?”“Is it sufficently precise and clear for the national judge to understand whch rights the ruling is attributing me

Question 9

What it Vertical Direct effect?

Answer 9

The Vertical direct effect is of consequence in relations between individuals and the country. This means that individuals can invoke a European provision in relation to the country.

Question 10

What is the Horizontal Direct Effect?

Answer 10

The Horizontal direct effect is consequential in relations between individuals. This means that an individual can invoke a European provision in relation to another individua

Question 11

Was Van Gend en Loos a vertical case

Answer 11

yes because it was van gend en loos an indvidual agains the state

Question 12

directly applicability in van gend en loos

Answer 12

If no national legislative measure is required for article 12

I don’t need any national measure of transposition or detail.

Question 13

What is direct innaplicability?

Answer 13

national judge can simply ignore a national provision if it is in conflict with an EU provision, without asking for a preliminary rulling. (without contacting the insitutional court, without contacting the parliamient(Acte clair

Question 14

Is orsolina vertical or horizontal?

Answer 14

This case pictures a vertical direct effect of regulations, because we can see a dispute between private person and the State.

Question 15

What are directives?

Answer 15

act of eu law that are set out in general terms but ust be implemented by memebrr states through the adoption of detailed measures, usually y national legsiation

Question 16

Why do We say that DIRECTIVES are NEVER Directly applicable but MAY have Direct Effect?

Answer 16

his means that in order for a directive to be implement, a national measure of transposition is required. Hence, it is incompatible with the concept of Direct Application

Question 17

Why do we say directives may have direct effect?

Answer 17

Since member states have the implementation period for the directive, during that period, the directive does not produce direct effect.

When the deadline has elapsed, even if the member state has not complied with the directive, an individual can derive rights from the directive – meaning it gains direct effect.

Question 18

Is directives effect vertical ou horizontal?

Answer 18

Since directives require state implementation, the direct effect from which can be derived is only vertical – always against the state – since the possible non-compliance with the directive is the states’ concern.