Week 7

Question 1

What are the most characteristic features of EU legal order as autonomous legal order?

Answer 1

Direct effect, consistent interpretation and effectiveness of EU law.

Question 2

In what principle are these principles deeply rooted?

Answer 2

In the principle of sincere cooperation.

Question 3

To what situation does the direct effect of EU law refer to?

Answer 3

It refers to a situation when an individual relies on EU legal provisions granting him/her rights before a national authority-

Question 4

What is direct validity?

Answer 4

Direct validity means that as early as after entry into force of any EU source of law it becomes a part of national legal order with the effect that it should be applied by national authorities.

Question 5

How do we distinguish direct effect in the legal doctrine of the EU law?

Answer 5

We distinguish between direct effect in vertical relations and direct effect in horizontal relations.

Question 6

What is the direct effect in vertical relations?

Answer 6

When an individual refers to EU law in relation with national authority most in public law cases.

Question 7

What is the direct effect in horizontal relations?

Answer 7

When an individual refers to EU law in relation with another individual mostly in private law cases.

Question 8

What is the principle of consistent interpretation?

Answer 8

It is an obligation of national authorities stemming from the principle of a sincere cooperation.

Question 9

What is the direct effect of primary law?

Answer 9

It means that there are no obstacles in order to invoke rights stemming from the treaties before national authorities.

Question 10

Are all the provisions of the treaties directly effective?

Answer 10

No, because some of them are not being capable of conferring rights on individuals.

Question 11

How can be checked whether the provisions of an international agreement binding EU is directly effective?

Answer 11

By a two-stage test. Firstly we take into consideration the purpose and nature of the agreement. Secondly, we shall take into account the wording of the provision with the effect that it should be clear, precise and unconditional.

Question 12

Do regulations have direct effect?

Answer 12

Yes.

Question 13

Do directive have direct effect?

Answer 13

The direct effect of a Directive is an exception.

Question 14

Which famous judgement of the Court of Justice of the European Union addresses the direct effect of directives?

Answer 14

The Becker judgement.

Question 15

Are decisions directly applicable?

Answer 15

Yes.

Question 16

In which judgement the Court of Justice of the European Union addresses the direct effect of decisions?

Answer 16

The judgement Franz Grand.

Question 17

What is the principle of consistent interpretation?

Answer 17

An obligation of national authorities resulting from the need to ensure the full effect of EU law.

Question 18

In which judgement the Court of Justice of the European Union addresses the principle of consistent interpretation?

Answer 18

In the Pfeiffer judgement.

Question 19

What are the limits of the principle of consistent interpretation?

Answer 19

It shall not be an interpretation contra legem. Also, according to the rule nulla poena sine lege it shall neither be the ground of criminal responsibility of an individual.

Question 20

How can the effectivenes of EU law be described in the light of the Court’s jurisprudence?

Answer 20

As the source of the fundamental principles and rules with regard to the application of EU legal order guaranteeing its autonomous character.

Question 21

What did the Court held in the Becker case?

Answer 21

The Court held that particularly in cases in which an EU authorities have by means of a Directive placed member states under a duty to adopt a certain course of action, the effectiveness of such measure would be diminished if persons were prevented from relying upon it in proceedings before a court and national courts were prevented from taking into consideration as an element of EU law.

Question 22

What did the Court held in the Francovich and Bonifaci judgement?

Answer 22

The Court held that it has been consistently held that the National Court whose task it to apply the provisions of EU law in areas within their jurisdiction must ensure that those rules take full effect and must protect their rights which they confer on.

Question 23

Where does the effectivenes of EU law come from?

Answer 23

The full effect of EU law results from a more general obligation to take all appropriate measures whether general or particular to ensure the fulfillment of the treaty obligations.

Question 24

In which principle is rooted the effectiveness of EU law?

Answer 24

In the principle of sincere cooperation.

Question 25

In order to be directly effective, what should a provision/norm of EU law be like?

Answer 25

Clear, precise and unconditional.

Question 26

What does it mean that a provision/norm of EU law is clear and precise?

Answer 26

It means that the right resulting from a provision/norm of EU law can be inferred indirect reading of the provision in a complete manner. It’s clear whom and what shall be granted.

Question 27

What does it mean that a provision/norm of EU law is unconditional?

Answer 27

It means that the application of the provision or norm in question does not depend upon further action of the national or EU legislator.

Question 28

What did the Court held, with regards to the effectiveness of EU law, in the judgements Simmenthal and Factortame?

Answer 28

It held that national courts whose task is to apply the provisions of EU law in areas within their jurisdiction must ensure that those rules take full effect and must protect the rights with that we today confer on individuals.

Question 29

Name some rights of individuals provided in the provisions of treaties.

Answer 29

Free movement of persons, free movement of services, the right of establishment, the rights of citizens.

Question 30

From where to rights of individuals result from, in the jurisprudence of the Court of Justice?

Answer 30

From the expressed provisions of the treaties and from clear obligations imposed by the treaties on the member states.

Question 31

What did the Court of Justice held in the Simutenkov judgement?

Answer 31

The Court held that the principle of non-discrimination set out in article 23 of the Communities and Russia partnership agreement, which is directly effective, is not set by its purpose and nature set out in article 1 of the agreement.

Question 32

In what order should the direct effect of international agreements be examined?

Answer 32

Firstly should be checked whether in the nature and purpose of the agreement is the direct effect precluded and then the wording of the provision in question should be examined.

Question 33

In what order did the Court of Justice examined the agreement in subject in the Simentukov judgement?

Answer 33

The Court examined in the first place the wording and in the second place the purpose and nature of the agreement.

Question 34

Which agreements, for example, preclude their direct effect followed from the jurisprudence of the Court of Justice?

Answer 34

WTO agreements.

Question 35

In what way is a directive binding in the light of Article 288. of the Treaty on the Functioning of the EU?

Answer 35

The directive shall be binding as to the results to be achieved upon each member state to whom it is addressed to but it shall have to leave to the national authorities the choice of form and methods.

Question 36

What did the Court of Justice held in the famous Becker judgement in regard to the direct effect of a directive?

Answer 36

The Court of Justice held that particular in cases in which the EU authorities have by means of a directive placed member states under a duty to adopt a certain course of action, the effectiveness of such measure would be diminished if persons were prevented from relying upon it in proceedings before a court and national courts were prevented from taking into consideration as an element of EU law

Question 37

What did the Court of Justice held in the famous Becker judgement in regard to the situation when a member state has not adopted the implementing measures required by a Directive?

Answer 37

If it didn’t adopt the implementing measures required by a Directive within the prescribed period, it may not plead against individuals its own failure to perform the obligations which the directive entails.

Question 38

Is a directive in a vertical or horizontal relationship with member states?

Answer 38

Vertical.

Question 39

In what way was the Becker judgement similar to the Simutenko judgement?

Answer 39

Because the conditional character of the provision in question was brought into question because of the wording under conditions which they shall lay down for the purpose of ensuring the correct and straight forward application of the exemptions and of preventing any possible evasion, avoidance or abuse.

Question 40

What happens in the situation when the issue of the direct effect of not transposed or improperly transposed Directive arises between individuals?

Answer 40

In a horizontal relationship, in such a situation, the direct effect of the directive’s provision is excluded as far as the reasons, therefore, are concerned.

Question 41

What did the Court of Justice held in the judgement Faccini Dori?

Answer 41

It held that it would be unacceptable if a state required by the EU legislator to adopt certain rules intended to govern the state relations or those of state entities with individuals and to confer certain rights on which individuals were able to rely on its own failure to discharge its obligation so as to deprive individuals of the benefits of those rights.

Question 42

Can the EU case law be extended to the sphere of relations between individuals?

Answer 42

Yes. The EU has the competence to do so in areas where it is empowered to adopt regulations.

Question 43

What does the direct effect of directives in horizontal relationships amount to?

Answer 43

It amounts to a denial of the nature of a objective.

Question 44

What does the EU law require from member states if the result prescribed by a directive cannot be achieved?

Answer 44

To pay damage costs to individuals through failure to transpose a Directive provided that the conditions of the liability of the member states are fulfilled.

Question 45

How do decisions, as a category of EU law, vary?

Answer 45

They vary from individual to concrete acts.

Question 46

Are there any obstacles to invoking directly rights from decisions?

Answer 46

No.

Question 47

What does exactly consistent interpretation mean?

Answer 47

The consistent interpretation is the interpretation of national law in the light of EU legal act.

Question 48

What is article 22. of the Treaty on the Functioning of the EU?

Answer 48

1. Every citizen of the Union residing in a Member State of which he is not a national shall have the right to vote and to stand as a candidate at municipal elections in the Member State in which he resides, under the same conditions as nationals of that State. This right shall be exercised subject to detailed arrangements adopted by the Council, acting unanimously in accordance with a special legislative procedure and after consulting the European Parliament; these arrangements may provide for derogations where warranted by problems specific to a Member State.
2. Without prejudice to Article 223(1) and to the provisions adopted for its implementation, every citizen of the Union residing in a Member State of which he is not a national shall have the right to vote and to stand as a candidate in elections to the European Parliament in the Member State in which he resides, under the same conditions as nationals of that State. This right shall be exercised subject to detailed arrangements adopted by the Council, acting unanimously in accordance with a special legislative procedure and after consulting the European Parliament; these arrangements may provide for derogations where warranted by problems specific to a Member State.

Question 49

Why was it suggested that article 22. of the Treaty on the Functioning of the EU violates article 62. of the Polish Constitution?

Answer 49

It was thought so because it extended the rights of Polish citizens to the nationals of other member states.

Question 50

What did the Court do in the Simmenthal judgement?

Answer 50

It helped national courts whose task is to apply the provisions of EU law in areas within their jurisdiction and to ensure that they take full effect.

Question 51

What did the Court held in the Munoz case in regard of the full effectiveness of rules?

Answer 51

The Court held that the full effectiveness of the rules on quality standards resulting from EU regulation imply that it must be possible to enforce an obligation resulting from the regulation by means of civil proceedings instituted by a traitor against a competitor.

Question 52

What did the Court held in the Brasserie and Factortame judgement regarding the liability of a member state for damage?

Answer 52

The Court held that in order to determine those conditions of liability, account should first be taken of the principles inherent in EU legal order which formed the basis for state liability; first the full effectiveness of EU rules and effective protection of the rights which they confer, and second the obligation to cooperate imposed on the member states by the principle of sincere cooperation.

Question 53

What did the Court held in the Kühne and Heitz judgement?

Answer 53

The Court held that administrative body is in accordance with the principle of sincere cooperation, under an obligation to review and in order to take account of the interpretation of relevant provisions of EU law given in the meantime by the Court of Justice.

Question 54

What did the Court held in the judgement Christof Biankof?

Answer 54

The Court held that it must be concluded that national legislation preventing citizens of the Union from asserting their right conferred on them by article 21 to move and reside freely against absolute territorial prohibitions that have been adopted for an unlimited period and preventing administrative bodies from acting upon a body of case of lower by the court has confirmed the illegality under EU law. Such prohibitions cannot be justified by the principle of legal certainty and must, therefore, be considered contrary to the principle of effectiveness.