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Samenvatting OG uitwerking problem 8 Introduction to International law and EU law
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uitwerking van probleem 8 EU recht
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SAMENVATTING European Union Law, ALLE ARRESTEN EN LITERATUUR samengevat (Cijfer: 8)
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Uitwerkingen European Union law
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Learning objective 1: how does direct effect work?The autonomy of EU law is based on two characteristics:
1. Direct applicability
2. Principle of primacy
The relationship between direct applicability and direct effect
All EU law is directly applicable and only some EU provisions have direct effect. So, therefore a
provision that has direct effect must be directly applicable, but not all directly applicable norms have
direct effect.
Direct effect of primary law
Primary EU law consists of the treaties negotiated by the members states of the Union (TEU & TFEU).
In the Van Gend en Loos case, the CJEU stated that the member states have limited their sovereignty
for the benefit of the Union. So, it applies directly in all the member states. The purpose is
empowering the citizens instead of states. The reason this case is so important, is because it created
a new legal order. EU law provisions have direct effect when:
1. The provision is clear
2. The provision is unconditional
a. It is not dependent on any national implanting measures (automatically applicable)
b. It does not contain any reservations (absolutely applicable)
Vertical and horizontal direct effect
When a treaty is directly effective, an individual can invoke EU law in a national court. There are two
types of direct effect:
1. Vertical = an individual can use EU legislation against a member state in a national court
2. Horizontal = an individual can use EU legislation against another individual in a national court
Inverse vertical direct effect means that instead of individuals, member states can invoke primary EU
law in a dispute with its citizens. The EU does not attribute inverse vertical or horizontal effect,
because individuals should not be burdened with the government’s failure to comply with EU law.
Direct effect of general principles
The principles of EU law are widely accepted and relate to, in example the equal treatment of
persons. In the Mangold case, the principle of non-discrimination on grounds of age must be
regarded as a general principle of Union law (74-77).
Direct effect of secondary law art. 288 TFEU
A directive is only binding on the member states and there are three scenarios:
1. The member state implements correctly (1)
o the individual has the rights foreseen by the directive (2)
it can rely on it against the state & against other individuals (3)
2. the member state implements it wrongly (1)
o the individual does not have the rights foreseen by the directive (2)
can the individual rely on the directive? Only vertical! * (3)
3. The member stat does not implement (1)
o the individual does not have the rights foreseen by the directive (2)
can the individual rely on the directive? Only vertical! * (3)
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