Guidelines for a discretionary refferal under Article 267. The effect of Eu Law on Uk law and EU law taking precedent
1 of 19
Costa v ENEL ECJ
Against the italian governmentm Eu law is still supreme over domestic law even if the domestic law was passed after becoming a member state of the EU
2 of 19
Diocese of Hallam v Connaughton
Principle of equal treatement directive, types of EU law under treaty. Equal pay act in conflict with the equal treatment directive
3 of 19
Duke v G.E.C reliance
horizontal direct effect (privatised company)
4 of 19
Factortame
Effect of EU law on Domestic law. Spanish fisherman wanted to fish in English seas, UK said no, conflicted with the free movement of individuals - EU law takes precedent
5 of 19
Foster v British gas
Recently arm of state, vertical direct effect
6 of 19
Francovich v Italy
Clear link between government failing to implement the directive and the damage to the claimant. Francovich principle when his company went bust. Avoids horizontal direct effect.
7 of 19
Gibson v Yorkshire Council
Workint time directive - vertical direct effect
8 of 19
Macarthys v Smith
Woman paid less in same job. Article 267 referrals, types of EU law. EU took precedent.
9 of 19
Marshall v Southampton AHA
EVERYTHING. Treaty's, equal treatment, made to retire earlier than man. Art 267 referral, EU and UK law in conflict.
10 of 19
Paula Faccini Dori v Recreb Sri
Horizontal direct effect
11 of 19
Pickstone v Freeman
UK courts becoming much happier at applying EU law. Suprememcy of EU
12 of 19
Re Tachographs: The Commission v the UK
Institutions bringing cases against member states (commission) and treaty directly applicable
13 of 19
Thoburn v Sunderland City Council
Metric measures, market trader challenged the law saying parliamant has soverignty. They said they gave away that when they joined the EU
14 of 19
Torfean and Borough council
Art 267 referral and Eu law affecting UK law
15 of 19
Van Duyn v Home office
UK wouldn't let her in. TOR said free movement of individuals. Uk not allowed to say no. EU supreme
16 of 19
Van Gend en Loos
Supremecy of the EU
17 of 19
Bosman
should be no trasnfer fees when footballers are out of contract, free movement of individuals
18 of 19
Brasserie du Passeur
ECJ making member states accountable for failing to implement directive. Not only could you follow francovich principle and bring a case against the government, but could bring cases against member states for breaching and EU law
19 of 19
Other cards in this set
Card 2
Front
Against the italian governmentm Eu law is still supreme over domestic law even if the domestic law was passed after becoming a member state of the EU
Back
Costa v ENEL ECJ
Card 3
Front
Principle of equal treatement directive, types of EU law under treaty. Equal pay act in conflict with the equal treatment directive
Back
Card 4
Front
horizontal direct effect (privatised company)
Back
Card 5
Front
Effect of EU law on Domestic law. Spanish fisherman wanted to fish in English seas, UK said no, conflicted with the free movement of individuals - EU law takes precedent
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