EU - Direct Effect
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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. What is the best
definition of direct effect?
All of the above:
It means that:
- can enforce an EU law in the courts of their own country
- states must implement EU law
- states have the freedom to decide how they implement the EU law
3. Which case established that EC law was supreme over domestic law of the member states?
Costa v ENEL
4. Which case first
established the principle of Direct Effect?
Van Gend En Loos
5. A Directive
normally confers on the member state a period for implementation of how long?
6. Which of the
following statements is correct?
- Directives are
- directly effective only after their date for implementation.
7. What is meant by ‘vertical’ action in direct effect?
Individual v Member State
8. What types of EU
law can be vertically directly effective?
- regulations and treaty articles.
9. What types of EU
law can be horizontally directly effective?
Treaty articles and regulations only.
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. In Marshall, the ECJ held:
Directives could not be horizontally directly effective.
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