Van Duyn - directives capable of DE as long as..VGL satified and date passed Ratti. + Clearly identifiable rights Dvs
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Intro continue..
Directives only capable of VDE as in Marshall not HDE as in Duke or emanation of state under Foster
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Origin of debate
Marshall and Duke had identical facts as sex discrimination cases, however only M allowed claim as public employer
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Origin of debate continue..
Le Foyer and Faccini Dori = No HDE claims
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Arguments in favour of HDE..
Marshall - AG Van Gerven - current situation denied equality before the law as public sector had greater rights
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More arguments in favour..
AG Jacobs in Le Foyer - laws not same for all claimants, this need to ensure effective and uniformity of union law
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Argument in favour..
Faccini Dori Ag Lenz - compromise TEU 1993, before EU had no obligation to public directives - not in public domain. New directives alter Nov 1993 published so in public domain = should have HDE
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Arguments against..
ECJ - directives only binding on MS it is addressed Art 228 TFEU - prevent MS relying on failure to implement to deprive rights
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More arguments against...
If intended to impose obligations for individuals need to use regulations Faccini Dori
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More arguments against..
Individuals can still use indirect effect and State liability
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Faccini Dori - should directives have HDE? Arguments for..
Uniformity - EU law should be applied the same in all MS. People dealing with private bodies shouldn't be disadvantaged - more fairness and consistency amongst MS
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Faccini Dori - should directives have HDE? Arguments for..
Equality before the law - Marshall inequality - not fair that public sector workers have more protection than private Duke Van Gervan
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Faccini Dori - should directives have HDE? Arguments for..
Level playing field argument between public and private sector
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Faccini Dori - should directives have HDE? Arguments against..
Art 189 EC - Directives only VDE, very difficult to change treaty article. Burden on individuals; make private individuals subject to EU laws i.e directives they don't know about
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Faccini Dori - should directives have HDE? Arguments against...
Remove purpose of a directive - if they were all the same what would be the point of that distinction. To tell Govs what to do not individuals
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Faccini Dori - should directives have HDE? Arguments against..
Floodgates - more claims about conflict between EU law and national law causing court system to grind to a halt
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Faccini Dori - should directives have HDE? Arguments against..
IDE and state liability give people the right to claim
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Other cards in this set
Card 2
Front
Intro continue..
Back
Directives only capable of VDE as in Marshall not HDE as in Duke or emanation of state under Foster
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