Exam (elaborations)
Direct Effect
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EU Law exam notes written from textbooks and lectures for Direct Effect. Formatted to be memorised and contains all the necessary information to achieve a 2:1 or 1st on the exam.
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Direct EffectTerms
a) Direct Applicability: EU law is directly applicable if it is recognised as part of UK
law. Treaties and Regulations are directly applicable because they become part of UK
law (Art.288 TFEU).
b) Directly Effective: EU law is directly effective it can be enforced in a UK court.
There are two types of direct effect: horizontal and vertical.
--Do not get these two confused have very different meanings and apply to different types of
EU law (i.e. a Directive if only directly effective and not directly applicable).
a)Direct Effect (Treaty Articles)
*-Direct Effect is the term given to judicial enforcement of rights arising from provisions of
EU law that can be upheld in favour of individuals in the courts of MS.
--Unlike direct applicability, direct effect applies to:
1) Treaty Articles
2) Regulations
3) Directives
4) Decisions
*-Primary case (where direct effect was established):
Van Gend en Loos v Nederlandse Administratie der Belastingen [1963]: This case concerned
Art.30 TFEU (a Treaty Article) which prohibited new customs duties being imposed, or
existing customs duties being increased. Through a case in the Dutch courts, Van Gend was
trying to directly enforce the rule in Art.30 against the Dutch government, claiming it gave
them a right not to be taxed in this way. This question was referred to the ECJ under Art.267
TFEU.
Held (Legal Principle): Although Art.30 was prohibition, the ECJ said that Van Gend could
enforce this Treaty Article against the Dutch government if the following criteria were
fulfilled. That the Treaty Article was:
a) That it was a clear and precise (clear and precise as to its meaning-unambiguous)
b) That it was unconditional (Stands alone as a provision does not need to be upheld by
another act)
c) Not dependant on further action by the MS or the EU. (Not dependant on any further
action because once a Treaty Article it requires no further action).
*-Those three criteria are the test for direct effect of Treaty Articles, Regulations, and
Decisions made by the EU.
**-Treaty obligations have direct effect both:
a) Vertically: Between the individual (natural or legal person) and the MS (or state
body).
b) Horizontally: Between individual and individual
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