Mind map
Directives & Direct Effect

Mind map: Directives and direct effect
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Directives & Direct Effect
Article 288
- directives are binding
not directly applicable
- do not automatically become law
- MS chooses how to implement law
- do not automatically become law
van Gend en Loos test
- precise, clear, unconditional & create rights
- they are conditional so fail Van Gend test
Vertical effect
- directive can never be horizontial direct effect
severely limited
van Duyn v Home Office
- free movement of workers
- Art 45
- Directive 64
- free movement of workers
Marshall v Southhampton & SW Hampshire
- different retirement ages
- Art 267
- "emanation of the state"
- provides public service; under state control & has special powers
- different retirement ages
Foster v British Gas
- similar to Marshall
- emanation of the state
- ECJ - "Subject to the authority or control of the state"
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- Description
- Sources of EU LAw Mind Map on Directives & Direct Effect, created by grantcat69 on 18/04/2013.
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- grantcat69
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