Flashcards in Enforcement Cases Deck (11):
The UK prevented the export of Sheep to spain because of the inhuman way they killed them. The EU said NO, you must follow proper procedure, namely Art 259!
Van Gend en Loos
The EU constitutes a new legal order where the MS have limited their sovereign powers.
-Community law is therefore an authority
Costa v ENEL
No provision of domestic law can override the treaty. The Treaty is Supreme.
-The Idea of the EU is to have a single uniform rule across Europe and this would be ruined
if a directive has been imposed on a MS, the useful effect of their obligations to pursue that matter in a certain way would be weakened if Individuals were prevented from relying on it.
Estoppel; An individual can rely on a directive past the date of implementation because a MS should not be allowed to benefit from their own wrongdoing.
MS must refrain from enacting any law during the implementation period that will make it impossible or more difficult for them to implement the directive
Directives cannot have Horizontal Direct Effect
State Bodies and Authorities whose power is largely defined by public law are emanations of the state and therefore fall under Vertical Direct Effect
1) origin of body/powers
2) activity body engages in
3) Degree of state controls
4) Special Powers
Court created the duty of Harmonious Interpretation of directives, the courts should take all appropriate measures to ensure that they fulfill the obligations from the treaty
The Duty of Harmonious interpretation was expanded so that it include the whole legal system (i.e.. all laws)