DIRECT EFFECT Flashcards
1
Q
DEFINITION
A
- an EU legal provision is directly effective when an individual can invoke it against another party before a domestic court
2
Q
DIRECT EFFECT OF TFEU
A
- 26/62 van gend en loos found TFEU can produce direct effect
- 43/75 defrenne v sabena found art 157 TFEU can be relied upon by individuals against other individuals
- art 157 is mandatory in nature and regards gender discrimination not only on public authorities but also on paid labour agreements and contracts
3
Q
VERTICAL DIRECT EFFECT
A
- is an individual against a MS
4
Q
HORIZONTAL EFFECT
A
- individual against an individual
5
Q
WHAT MAKES SOMETHING DIRECTLY EFFECTIVE
A
- court applies this test:
A provision must be clear precise and unambiguous
6
Q
WHAT CAN INDIVIDUALS ENVOKE
A
- a great no. Of substantive provisions can be invoked by individuals
- free movement of persons, services and capital
- competition law
- prohibition of tax discrimination
- prohibition of gender discrimination
7
Q
DIRECT EFFECT OF THE CHARTER
A
- charter of fundamental rights also applies to MS when they act in the scope of EU law so has to be relied on with other sources of EU law
- 414/16 art 21 and 47 of charter produce direct effect in horizontal relations and to be fully effective national provisions contrary to them Need to be applied
8
Q
DIRECT EFFECT OF REGULATIONS
A
- regulations can produce horizontal and vertical direct effect
- confirmed in 253/00
- vertical effect in 492/2011
9
Q
DIRECT EFFECT OF DIRECTIVES
A
- nationals rely on national law if directives are transposed
- if they are not transposed in national law or late or partially the once transpiration period expires a directive may produce direct effect (RATTI)
- there are limits (41/74)
- directives cannot produce horizontal effect it must be against a MS
- in Marshall ruled if employed by state can still invoke directive against employer
- foster found u can do it even if suing a company that is state owned known as emanation
