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15 Cards in this Set
- Front
- Back
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What is another method of enforcing EC Law, whom is it centred on and what case created it?
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Principle of Direct Effect
Individuals Van Gend en Loos |
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What is the relationship of the EC Treaty to National Law with regards to Monists?
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International was incorporated into the national legal tradition
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What is the relationship of the EC Treaty to National Law with regards to Dualists?
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International and domestic law remain seperate
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What must be considered in ascertaining whether the provisions of an international treaty extend so far in their effects?
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the spirit, the general scheme and the wording of those provisions
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To be directly effective, what must the Treaty Article be?
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Clear and precise
Unconditional Requires no further implementation |
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What does Direct Effect mean?
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The Treaties are not just an agreement between Member States and enforcement takes place in domestic courts
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What did the case of Van Duyn v Home Office conclude?
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The for a directive to be directly effective it have to be CLEAR and UNCONDITIONAL
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What did the case of Pubblico Ministerio v Ratti conclude?
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A further condition to direct effect was clarified - that a member state's obligation becomes absolute when the time limit for implementation has expired.
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Can an individual rely on a directive against another individual? What is the law for this?
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No - directives can only be invoked vertically, not horizontally.
Marshall v Southampton AHA |
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What did the case of Foster v British Gas conclude?
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An emanation of the state:
Provides a public service Controlled by the state Have powers beyond a private body |
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What is indirect effect and what is the law?
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When national courts are required to interpret national law along with an unimplemented directive as opposed to ignoring national law
Van Colson v Kamann |
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What did Marleasing SA v La Commercial conclude?
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The ECJ extended indirect effect to situations where the member state concerned had not implemented the directive at all
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What is state liablity?
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Where a member state has breached EU law and causes loss to the applicant
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What are the conditions established by The Francovich Case in relation to the individual's right to damages?
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Directive must confer rights on individuals
Rights must be identifiable in the wording Causal link between damage and failure to implement |
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What did Brasserie and Factortame conclude?
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The rule of law infringed must have been intended to confer rights on individuals
Breach must be sufficiently serious to justify liability Causal link between imposed and damage sustained |
