SL Intro and Phase 1; Deference

Question 1

why create SL? (5)

Answer 1

inadequacy of DE and IDE
inadequacy of enforcement action against non-compliant MS
DE or enforcement action notwithstanding
need for a more effective and complete protection for individuals rights under eu law
a corollary to supremacy of eu law

Question 2

inadequacy of de (2)

Answer 2

not all unimplemented dir are capable of DE

if so, only v not h de

Question 3

inadequacy of ide (2) plus case

Answer 3

a rule of interpretation of national law in line with dir to extent possible
otherwise ms must make good any damage caused to individuals by failure to implement - faccini dori

Question 4

inadequacy of enforcement action against non-compliant ms (3) plus 2 articles

Answer 4

art 259-260 tfeu ensures dual vigilance BUT
CJEUs judgement is of declaratory nature
potentially only financial sanctions against ms through a follow up CJEU judgement - art 260 tfeu
time consuming

Question 5

direct effect of enforcement action notwithstanding

Answer 5

individuals may still suffer losses so long as national law fails to comply with de eu law

Question 6

a corollary to supremacy of eu law (1) plus case

Answer 6

set aside conflicting national law and draw the consequences of such inapplicability for the past through reparation of damage/ loss
hedley lomas

Question 7

cjeu remedies for breach of eu law (3)

Answer 7

phase 1 (pre 1991) deference
phase 2 (1991-1996) intervention
phase 3 (since 1996) retrenchment

Question 8

phase 1 deference

Answer 8

no general eu law remedy available
absolute deference to national procedural autonomy
for the protection of rights of those adversely affected by a breach of de eu law

Question 9

phase 1 deference

national rules subjected to 2 limits (plus 1 comment)

Answer 9

equivalence
effectiveness
these are still relevant