EU - Direct Effect

Card Set Information

EU - Direct Effect
2013-02-17 06:03:19
EU law

Introductory test
Show Answers:

  1. 1. What is the best
    definition of direct applicability?
    • It means that an EU
    • law becomes part of the legal system of the member states automatically.
  2. 2. What is the best
    definition of direct effect?
    All of the above:

    It means that:

    • -         
    • Individuals
    • can enforce an EU law in the courts of their own country

    • -         
    • Member
    • states must implement EU law

    • -         
    • Member
    • states have the freedom to decide how they implement the EU law
  3. 3. Which case established that EC law was supreme over domestic law of the member states?
    Costa v ENEL
  4. 4. Which case first
    established the principle of Direct Effect?
    Van Gend En Loos
  5. 5. A Directive
    normally confers on the member state a period for implementation of how long?
    Two years
  6. 6. Which of the
    following statements is correct?
    • Directives are
    • directly effective only after their date for implementation.
  7. 7. What is meant by ‘vertical’ action in direct effect?
    Individual v Member State
  8. 8. What types of EU
    law can be vertically directly effective?
    • Directives,
    • regulations and treaty articles.
  9. 9. What types of EU
    law can be horizontally directly effective?
    Treaty articles and regulations only.
  10. 10. Foster v British Gas laid out what requirements for testing whether a body was an emanation of the state?
    Public function, state control and special powers
  11. 11. In Marshall, the ECJ held:
    Directives could not be horizontally directly effective.