European Law 1
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15 terms
Terms | Definitions |
|---|---|
 Direct effect is where a.... | measure of EC law confers rights on individuals which are enforceable in national courts |
| Direct effect is where a measure of EC law confers rights on individuals which are enforceable in national courts. Direct applicability is when a measure of EC law applies automatically within the domestic law of Members States WITHOUT the need for any implementation. Which Article of the EC Treaty specifies this? | Article 249 |
| Which case has been described as the most important decision of the ECJ because it revealed that individuals within Members States can enforce EC rights in their national courts? | Van Gend en Loos |
| According to Van Gend en Loos, for a provision of Community Law (Treaty Article, Regulation or Directive) to be directly effective it must be sufficiently - and - to - - - - - - - and - | clear precise to give rise to an identifiable right unconditional |
| Good case to show conditions of direct effect in practice | Defrenne v Sabena (no 2) |
| Two types of direct effect | vertical and horizontal |
| Direct effect can be horizontal. Illustrative case? | Defrenne v Sabena (no 2) - between air hostess and Belgian airline Sabena, concerned sex discrimination regarding pay. |
| The European Court of Justice states that Community Law is supreme over national law. Case? | Costa v ENEL |
| What forms of Community Law can be directly effective (if, of course, they satisfy the Van Gens en Loos conditions)? | Only binding forms, so 1) Regulations 2) Directives and 3) Decisions. NOT recommendations and opinions. |
| Directives, as a binding form of EC law, are directly effective but only vertically (i.e., against state). Supporting case? | Marshall v Southampton Health Authority |
| Deadline for implementation of Directive MUST have passed (and Van Gend and Marshall conditions) . Case? | Pubblico Ministero v Ratti |
| When are Directives directly effective? 3 conditions | clear, precise and unconditional (Van Gend); after implementation date has passed (Ratti); action against state or emanation of state (Marshall) |
| Name of case setting out conditions to count as emanation of state? | Foster v British Gas |
| Foster criteria to establish whether a body is a state emanation? | 1) provides public service 2) under control of state 3) has special powers |
| According to this case, seems that one element of the Foster test is enough to qualify as emanation of state? | Kampelmann |
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