EU Indirect and Direct Effect

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How is EU Law carried out on an institutional plane?
EU law in the member states is carried out by the existing national institutions, thus all national institutions become de facto EU institutions when acting within the scope of EU Law.
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How is EU Law carried out on an procedural plane?
On a procedural plane, EU Law is enforced according to existing national rules of procedure. Generally relying on existing member state procedures to which it has attached further conditions. - National institutions are the servants of two masters
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Define Direct Effect
an EU provision becomes the immediate source of law for the national court or administrator. No further implementing act is necessary for its application within the national legal order.
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Direct Effect Test - Impact [2008]
1. Unconditional 2. Sufficiently Precise 3. The member state in question has failed to implement the directive by the end of the period prescribed therein or failed to implement the directive correctly
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Direct Effect Limit - Reyners [1974]
even treaty articles which were conditional or dependant on further implementation measures were eventually deemed to be directly effective
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Direct Effect Expansion
DE has been expanded to regulations, directives, decisions and provisions of international agreements to which the EU is a party.
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Art 288 TFEU & Belgium [2010]).
DE applies to regulations & ). The court has stated that the DE of regulations is presumed
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Van Duyn [1974]
directives can be vertically DE
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Van Duyn [1974] Directive Conditions
the provision of a directive must be sufficiently clear, precise and unconditional, as well as the implementation period having passed
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Directives per Art 288 TFEU
Art 288 TFEU states that directives are in contrast to regulations, binding upon each MS as to the results to be achieved, and so leave the method of implementation up to them.
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Marshall [1986] - General Rule
DE of directives does not extend to horizontal situations, as individuals are not the addressees of the directive (however see execptions)
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No Horizontal DE exception 1
1. It has inflated the notion of the state, to encompass any organisation which is subject to the control of the state and has special powers beyond those which are regular between individuals, as well as individuals acting in a public state capacity
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No Horizontal DE exception 2
2. The court affirmed that judicially created principles of law are applicable in horizontal relationships without limitations.
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Define Indirect Effect
also known as consistent interpretation, . It means that there is a duty to interpret, as far as possible, all national laws in light of and in conformity with EU law
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Cases for IE
The principle was first articulated in Von Coulson, and then restated in Pfeiffer at para 110-115.
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Three Types of IE
1. Weak: used as a confirming argument for a result 2. Medium: EU provision determines the choice between several interpretive options 3. national laws are twisted and bent in order to conform.
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Limits on IE - Adeneler [2006]
i. Interpretative methods recognised by national law ii. General principles of law (put an equitable break on far-reaching interpretative adventures in individual cases) iii. No interpretation contra legem - Judges cannot go against the law
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Card 2

Front

How is EU Law carried out on an procedural plane?

Back

On a procedural plane, EU Law is enforced according to existing national rules of procedure. Generally relying on existing member state procedures to which it has attached further conditions. - National institutions are the servants of two masters

Card 3

Front

Define Direct Effect

Back

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Card 4

Front

Direct Effect Test - Impact [2008]

Back

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Card 5

Front

Direct Effect Limit - Reyners [1974]

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