European Union lawLesson 1 of 3 in the course Sources and effect of EU law

EU Direct Effect: Treaty Rules, Directives, and National Procedure

5 flashcards · 5 quiz questions · 5 match pairs · 5 fill-in sentences · English

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Summary

Direct effect explains when people can rely on European Union law before national courts and public authorities. It matters because EU law can confer rights that must be recognised and enforced within Member States.

Direct effect is not expressly set out in the EU Treaties. The CJEU established the principle in Van Gend en Loos v. Nederlandse Administratie der Belastingen. The Court held that EU law can create rights for individuals that national courts must protect. Public administration at national, regional, and local levels is also bound to recognise and enforce applicable EU rights.

All flashcards

What is direct effect?
It is the principle that an appropriately framed provision of EU law can confer rights on individuals that national courts and public authorities must recognise and enforce.
What are the Van Gend criteria?
The provision must be sufficiently clear and unconditional, not subject to a relevant Member State reservation, and not dependent on a national implementing measure before it can operate. The original formulation also referred to a negative obligation.
What is vertical direct effect?
It is the ability to rely on an EU provision in a claim against the state, a public authority, or, where the legal test is met, an emanation of the state.
What is horizontal direct effect?
It is the ability to rely on an EU provision in a dispute against another private party, such as an individual or company.
How do regulations and decisions differ under Article 288 TFEU?
Regulations are binding in their entirety and directly applicable in every Member State; their provisions may confer rights enforceable in court. Decisions are binding in their entirety on the addressees to whom they are addressed.

Quiz questions

  1. Which case established the EU doctrine of direct effect?Answer: Van Gend en Loos v. Nederlandse Administratie der Belastingen.
  2. What does direct applicability of an EU regulation mean?Answer: The regulation applies in every Member State without national transposition.
  3. What is the general rule on using a directive to impose an obligation directly on a private party?Answer: A directive does not generally have horizontal direct effect.
  4. When may an individual rely on a directive's direct effect against a Member State?Answer: After the implementation deadline, if the relevant provision meets the conditions for direct effect.
  5. What does consistent interpretation require national courts to do, so far as possible?Answer: Interpret national law in light of a directive's wording and purpose.

Based on the Wikipedia article Direct effect of European Union law, licensed CC BY-SA 4.0. Adapted into a summary, flashcards and quizzes.

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