Direct effect

The doctrine of direct effect is the primary tool by which the Court of Justice of the European Union (CJEU) enforces European Union (EU) law within member-states. However, the power of direct effect as a tool of enforcement means that the CJEU has had to resist impulses to overextend its application. This essay will argue that rather than unnecessarily undermining the doctrine of direct effect, the CJEU has skilfully managed to create an effective enforcement regime for directives while applying

The doctrines of direct effect and supremacy are extremely important because they require national courts to apply European Union law over any conflicting provision of national law. This essay will first consider the doctrine of direct effect, its advantages and disadvantages and it will go on examining the doctrine of supremacy, how it can be assessed and its relation with the doctrine of direct effect. Finally, some conclusion will be drawn as to how the direct effect and supremacy of Union law

This question concerns the application of direct effect to the facts in question. In particular, Fergie requires advice on whether or not he can rely on Directive 15/2012 and enforce his EU law rights in the national court. Fergie takes legal proceedings against Charlston Council to claim compensation for his injury. The council seems to have complied with the domestic law which stipulate only that, the caterers has a duty to eliminate unhealthy food. The Act is silent on genetically modified food

types of direct effect: horizontal and vertical. Horizontal direct effect is between private individuals, where ‘if a provision of EU law has horizontal direct effect it can be enforced by an individual in a national court’ . Indirect effect is that where ‘obligation on national courts to interpret national law consistently with EU law’. It may be used where the directive is incapable of horizontal direct effect. State liability can overcome the limitations of direct and indirect effect, it ‘provides

The Issue relates to the application of the doctrine of direct effect, and possibly the application of indirect effect and state liability if require in pursuant of invoking the EU Transfer of Pensions Directive (TPD) in a UK national court (NC) in light of the UK’s national legislation which evidently fails to completely encompass the directive. Directives are a secondary source of European Union (EU) legislation which in accordance with Art 288 of the EC: are binding on the EU Member States

The CJEU case-law on horizontal direct effect of directives arguably lacks consistency in regards to the application of the general principle. The principle of direct effect was established in Van Gend en Loos v. Nederlandse Administratie der Belastingen. Although there is no set definition of direct effect, a broader definition was provided in Van Gend en Loos that it “can be expressed as the capacity of a provision of EU law to be invoked before a national court.” However, Van Dyun v. Home Office

essay will examine the effectiveness of both indirect effect and state liability in providing individuals with sufficient redress such as remedies for losses suffered, and consequently whether there is a need for Directives to generate horizontal direct effect. Directives are a form of secondary legislation contained in Article 288 TFEU. Directives are legally binding only to the Member States of the EU on the outcome wished to be achieved. The way in which said outcome is achieved is left entirely

Introduction: The issue arising from the Monique’s case is the direct applicability of the Treaty Articles and the direct or indirect effect of Directives, provided by the European Union. Monique may be able to rely on both Article 18 and 45 of TFEU which concerns any kind of discrimination against EU citizens. The Council Directive 14/08 will be examined whether it is direct or indirect applicable, or if it can be applicable under the principle of state liability. In the case where one of the

Dutch firm, tried to invoke Article 12 (now 25)[9] of the EC Treaty before a Dutch tribunal, the Tariefcommissie. Using the Article 234 procedure the Tariefcommissie referred two questions to the Court. Firstly, 'Whether Article 12…has direct application within the territory of a Member State, in other words, whether nationals of such a State can, on the basis of the article in question, lay claim to individual rights which the courts must protect'.[10] It was argued

Introduction The European Union Law is a set of rules, regulations and directives which creates the direct and the indirect effects, that effect on Member States (MS) of the EU. The different sources of law serve the existence of The EU and explain how the law apply. The primary source of law that formed from the treaties between the members at the establishment of the union was mainly created to bind all the states together, moreover The International Agreements between them, while directives and