EU law - Section
12 important questions on EU law - Section
What is the effect of treaties in EU law and their relevant case?
- Directly applicable
- Have direct effect (both vertically and horizontally); rights are clear
- Source/Case: Macarthy's v Smith
What is the definition of the state according to Foster v British Gas plc (1990)?
- State Definition: A body providing a public service under state control.
- Special Powers: Beyond normal rules for individual relations.
How do regulations function in EU law and what is their related case?
- Directly applicable
- Direct effect (both vertically and horizontally) if they provide individual rights
- Source/Case: Tachograph case, Article 288 TFEU
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What was the outcome of Re Tachographs: Commission v United Kingdom (1979)?
- A regulation for mechanical recording in lorries was not implemented by the UK.
- The Court of Justice held that Member States have no discretion in the case of regulations.
- Regulations are automatically law in all Member States.
What did the House of Lords decide about British Gas and the Equal Treatment Directive?
- Ruling: British Gas was part of the state.
- Directive: Foster could rely on the Equal Treatment Directive.
Describe the role of directives in EU law and cite the relevant case.
- Not directly applicable
- Offer vertical direct effect if they provide individual rights and are clear; no horizontal direct effect
- Source/Case: Marshall case, Duke v GEC Reliance, Francovich v Italian Republic, Article 288 TFEU
How do directives differ from regulations according to the EU?
- Directives require Member States to implement laws within a time limit.
- Article 288 indicates that directives "bind" Member States to achieve results.
- Domestic agencies have discretion in how directives are implemented.
What is the primary purpose of directives within the EU?
- Harmonization of laws between Member States.
- Cover topics like company laws, banking, health and safety, and social security.
- Implemented through statutory instruments or Acts of Parliament.
How does the Direct Effect concept apply to EU directives?
- Allows individuals to enforce unimplemented directives against the state.
- Developed by the Court of Justice of the European Union.
- Directives with individual rights can be directly enforceable.
Describe the case of Francovich v Italian Republic (1991).
- Issue: Italy failed to implement a directive, causing financial loss.
- Decision: Court ruled entitlement to compensation.
What legal case demonstrated the vertical direct effect in action?
- Marshall v Southampton and South West Hampshire Area Health Authority (1986).
- Miss Marshall claimed unjust retirement under directive not yet implemented.
- The Equal Treatment Directive allowed her case against the state.
What differences exist between vertical and horizontal direct effect?
- Vertical: Claims against the state when it fails to implement directives.
- Horizontal: Claims not possible against private entities under directives.
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