Workshop 14 social policy essay

Created by: Emma13
Created on: 19-06-18 13:56

Define Direct effect

DE = individuals can sue individuals before national courts (employee/employer)

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Summarise Art 157 TFEU

Equal pay for Equal work. Has VDE (VGL) and HDE (Defrenne) as Treaty Article. Can use against state and individuals (public/private) Directives only have VDE (Van Duyn) so can only use against state (Marshall)

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Explain what Defrenne says about whether Art 157 has direct effect

Held to be VDE/HDE. The effects of Derenne were made non-retrospective as a result of unexpected judgement

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Identify as many UK cases on Art 157 as pos - cases developing the application of Art 157

Garlands - meaning of pay. Grant/ KB - meaning of sex discrimination. Jenkins - meaning of IDD

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Cases which arise out of inadequate implementation of EU law on sex discrimination

Incorrect implementation of the Equal Treatment Directives 1976 by Sex Discrimination Act 1975. Marshall, Duke (retirement) Webb (dismissal on account of pregnancy)

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Cases on sex discrimination which have helped to clarify/ develop the principles of direct effect and indirect effect

Foster - emanation of state, Von Colson - birth of IDE, Webb - UK adopted concept of IDE, Lister (not sex discrim) but application of IDE in UK court

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Other cards in this set

Card 2

Front

Summarise Art 157 TFEU

Back

Card 3

Front

Explain what Defrenne says about whether Art 157 has direct effect

Back

Card 4

Front

Identify as many UK cases on Art 157 as pos - cases developing the application of Art 157

Back

Card 5

Front

Cases which arise out of inadequate implementation of EU law on sex discrimination

Back

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Workshop 14 social policy essay