Week 10 - EU Foundational principles: Supremacy, Direct Effect, Indirect Effect and State Liability

Question 1

What is Supremacy in EU Law?

Answer 1

EU Law prevails over national law in the event of a conflict

Question 2

What is Direct Effect in EU Law?

Answer 2

EU Law can create rights for individuals which national courts must protect

Question 3

What did the ‘Primacy Declaration’ (2007) determine?

Answer 3

The treaties and the laws adopted by the Union based on the Treaties have primacy over the laws of the member states

Question 4

2 Types of Direct Effect

Answer 4

1. Vertical
2. Horizontal

Question 5

What is vertical direct effect?

Answer 5

Against the state or public body

Question 6

What is horizontal direct effect?

Answer 6

Against another private party

Question 7

What did the ‘Treaty of Rome’ determine?

Answer 7

Member States shall refrain from introducing between themselves any new customs duties on imports or exports

Question 8

Characteristics of a Supranational Legal System

Answer 8

Based on the transfer of sovereign rights from Member States to the Union

Question 9

What is the Loyalty Clause? TEU Article 4(3)

Answer 9

The Union and the Member States shall, in full mutual respect, assist each other in carrying out tasks which flow from the Treaties

Question 10

Indirect Effect is otherwise known as…

Answer 10

The duty of consistent interpretation for national courts/tribunals

Question 11

Elements of Indirect Effect

Answer 11

1. Applies with respect to interpreting any national legislation
2. Applies irrespective of the type of litigation before a national court/tribunal

Question 12

Limits of indirect effect

Answer 12

1. Only applies if there is existing national legislation covering the same subject matter as the EU directive
2. Only applies to the extent that national rules of statutory construction permit a national court/tribunal to interpret a national legislative instrument in accordance with the EU directive

Question 13

What is civil liability?

Answer 13

The Court of Justice of the EU has no inherent objection to indirect direct effect leading to the imposition of adverse civil legal consequences

Question 14

What is state liability?

Answer 14

A right under EU law for individuals to gain compensation from member states in respect of losses sustained due to a breach of EU law

Question 15

What did the Notification Directive (2015) establish?

Answer 15

Court of Justice of the EU established one notable exception to the non-horizontal direct effect rule regarding EU directives