week 3 Flashcards
(30 cards)
What does ‘direct applicable’ mean in the context of EU law?
It automatically becomes part of national legal systems without needing to be transposed into national law.
What is the definition of ‘direct effect’ in EU law?
A rule is clear, precise, and unconditional enough to be invoked by individuals in a national court.
In which case was the concept of direct effect introduced?
Van Gend en Loos case.
Are all EU laws directly applicable?
Yes, but only some have direct effect that can be used without further national legislation.
Can primary EU law, such as treaties, sometimes be used with direct effect?
Yes, it can be both vertical and horizontal.
How is direct effect in secondary law, particularly directives, characterized?
It is more limited than that of treaty provisions.
What do directives in EU law bind member states to do?
They are binding on member states but leave the choice of form and methods to national authorities.
What is vertical direct effect?
It applies only against the state or public bodies.
What is horizontal direct effect?
It applies between private individuals and/or the court.
In the Marshall case, what was the main issue?
A female employee claimed she was dismissed due to age and sex; the UK had not implemented the directive.
What was the court’s ruling in the Marshall case?
The court allowed her to rely on the national directive because her employer was a public authority.
What happened in the Faccini Dori case?
The court refused to let Faccini Dori invoke the directive against a private company.
According to Article 228 TFEU, who are directives binding upon?
They are binding only on the member states to whom they are addressed.
Define ‘indirect effect’ in the context of EU law.
National courts must interpret their own national laws as much as possible in a way that aligns with the wording and purpose of the relevant EU directive.
What was the significance of the Von Colson case?
Courts are required to apply national law in a way that fulfills the goal of the directive.
What does the term ‘principle of legal primacy’ mean?
EU law always takes precedence over national law whenever the two conflict.
What was established in the Costa ENEL case?
No country is allowed to give national laws priority over EU law.
What did the German court question in the Internationale Handelsgesellschaft case?
Whether EU law could override national constitutional rights.
What did the Simmenthal case clarify about the application of EU law?
EU law must be applied in full from the moment it enters into force.
What is the ‘so long’ formula in relation to EU law?
German courts could refuse to apply EU law that conflicted with rights guaranteed by the German constitution.
What is a major national challenge to the primacy of EU law?
Limits of EU competences.
What does ‘ultra vires review’ mean?
A national court could refuse to apply EU law if it believes the EU has acted beyond its legal authority.
What is the protection of constitutional identity?
A limitation on the primacy of EU law based on national constitutional courts’ concerns about fundamental rights.
What is the shared responsibility of national courts in relation to EU law?
The EU relies on national courts to apply its rules.
