Karteikarten
Direct Effect - European Union
Karten in diesem Stapel (14)
- 1Direct EffectEU law capable of confering rights on individuals which the Courts of a Member State shall abide (Van Gend en Loos)
- 2Vertical and Horizontal Direct Effect''Vertical'' = relation of individual and Member State
''Horizontal'' = relation between individuals. - 3Emanation of StateFoster v. British Gas 'A body whatever its legal form, which has been made responsible, pursuant to a measure adopted by the state, for providing a PUBLIC SERVICE, UNDER the control of the State and has for that purpose SPECIAL POWERS BEYOND that which result from the normal rules applicable in RELATIONS BETWEEN INDIVIDUALS'
- 4Van Gend en Loos Argument 1 Teleological Interpretation 'light, wording and purpose of the provision'Court held: The Community constituted 'a new legal order of international law, for the benefit of which the states have limited their sovereign rights' and whose subjects comprised not only the MSs but also their nationals. Thus, the Community Law not only imposed obligations on MSs but also 'intended to confer upon [individuals] rights which become part of their legal heritage'
- 5Van Gend en Loos Argument 2Principle of Effectiveness - Is a double check. Not only the Commission can supervise but also nationals of the State
- 6Van Gend en Loos Argument 3If nationals would not be able to invoke the Treaty then, Art.267 (preliminary rulings) would be meaningless.
Nationals ask the EU indirectly through national courts. - 7Van Gend en Loos Conditions for Direct EffectPrivision must be:
(a) Clear and Precise
(b) Unconditional
(c) Confer a specific right upon which a citizen can base a claim - 8Von Colson 'Unconditional'a) not subject to any condition or exception b) does not require intervention on the part of the Community or MS.
- 9ECHR Horizontal Direct Effect?No. Created by states. Confering obligations only upon them, thus cannot invoke a right against individuals or private entities.
- 10Regulations Direct Effect?Yes. Both Vertical and Horizontal.
- 11Directives Direct Effect?Yes but only Vertical Direct Effect and not Horizontal.
Vertical after the expiration of the implementing period and only if the State has failed to implement the Directive correctly or has not implemented it at all. - 12Decisions Direct Effect?Yes. However, only to the persons addressed.
- 13Indirect EffectWhen a Member State has either failed to implement the Directive or has not implemented it at all. Can be used in cases where the party against whom the Directive is sought is a Private Entity. Indirect Effect implys that the Member State shall interpret national law in line with an unimplemented or badly implemented Directive.
- 14When do we use State Liability?When there is no domestic law on a matter to which the Directive relates or domestic law is contrary to EU Law.
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- Beschreibung
- LAW Public European Law Karteikarten am Direct Effect - European Union, erstellt von Tatiana Nikolaid am 08/10/2014.
- Erstellt von
- Tatiana Nikolaid
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