DIRECT EFFECT

Question 1

DEFINITION

Answer 1

• an EU legal provision is directly effective when an individual can invoke it against another party before a domestic court

Question 2

DIRECT EFFECT OF TFEU

Answer 2

• 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

Question 3

VERTICAL DIRECT EFFECT

Answer 3

• is an individual against a MS

Question 4

HORIZONTAL EFFECT

Answer 4

• individual against an individual

Question 5

WHAT MAKES SOMETHING DIRECTLY EFFECTIVE

Answer 5

• court applies this test:

A provision must be clear precise and unambiguous

Question 6

WHAT CAN INDIVIDUALS ENVOKE

Answer 6

• 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

Question 7

DIRECT EFFECT OF THE CHARTER

Answer 7

• 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

Question 8

DIRECT EFFECT OF REGULATIONS

Answer 8

• regulations can produce horizontal and vertical direct effect
• confirmed in 253/00
• vertical effect in 492/2011

Question 9

DIRECT EFFECT OF DIRECTIVES

Answer 9

• 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