Week 11: Nature of EU law

Question 1

What is the traditional model of EU law?

Answer 1

member states were the masters of the treaties, meaning they voluntarily delegated certain powers to the European Union while retaining ultimate control over those powers

Question 2

Which two cases established fundamental principles of EU law that challenged the traditional understanding of EU law?

Answer 2

1. Van Gend en Loos: established the principle of DIRECT EFFECT which allows individuals to invoke certain provisions of EU law directly in national courts
2. Costa v. Enel: established the principle of supremacy of EU law over national laws. It declared that EU law takes precedence over conflicting national laws, and member states must ensure its application and supremacy within their legal systems.

Question 3

Meaning of Primacy:

Answer 3

Refers to the principle that EU law holds superiority or precedence over conflicting national laws within the member states.

Question 4

What is the Vertical direct effect?

Answer 4

allows individuals to invoke EU law against their own government or a public authority.
REQUIREMENTS:
- treaty provisions: (if the provision is clear and precise, unconditional, leaves no legislative direction to the MS);
- provisions of regulations: (no specific conditions, inherent in the very nature of a regulation, exception; where national legislative action is necessary);
- provisions of directives: (if the provision is sufficiently clear and precise, unconditional, the implementation period has passed and the directive is either incorrectly implemented or not implemented at all);
- provisions of decisions: (if the provision is clear and precise, unconditional, leaves no legislative discretion to the MS, only the addressee of the decision may rely on it).

Question 5

What is the Horizontal direct effect?

Answer 5

Allows individuals to rely on EU law in disputes with other private individuals or entities.

Question 6

What is the indirect effect of EU law?

Answer 6

• allows national courts to interpret national law in line with EU law, even if the national law does not explicitly transpose EU directives or regulations
• requires national courts to interpret domestic law in a manner that is compatible with the wording and purpose of the relevant EU law.

Question 7

What is the Principle of Consistent Interpretation?

Answer 7

• requires national courts to interpret domestic law in line with the objectives and interpretations established by the Court of Justice of the European Union (CJEU) regarding EU law.
• Application: National courts must strive to interpret national law in a manner that aligns with the interpretation and principles set forth by the CJEU regarding EU law. This aims to avoid discrepancies in the application of EU law across different member states.