lecture 7-direct effect and primacy

Question 1

What is ‘direct effect’?

Answer 1

• The capacity of a provision of EU law to be invoked before a national court.
  ** Case 26/62 Van Gend & Loos** established direct effect.

Question 2

What is ‘Primacy’?

Answer 2

primacy principle: EU law takes precedence over conflicting national law.

Question 3

When does direct effect apply?

Answer 3

• treaties, regulations, and decisions
• that are unconditional and sufficiently precise
• can be invoked before a national court by a private party
• against member states/national authorities.

Question 4

What is the difference between horizontal and vertical effect?

Answer 4

Vertical effect:
* Private party V. (organ of) State
Horizontal effect:
* Private party V. Private party

Question 5

Do directives have direct effect ?

Answer 5

• **Vertical Direct Effect: **No Direct effect befor expiration of time limit (for implementing directive)
• VDE of directives after the expiration of the time limit only in situations of mis implementation (when a directive is fully implemented you can rely on national law).
• horizontal effect; no

Question 6

Do treaties have horizontal effect?

Answer 6

yes, but mainly non-discrimination provisions.

Question 7

What treaty provisions can be used for direct effect?

Answer 7

-unconditional
-sufficiently precise