Carefully selected notes from LLB at Queen Mary University of London, one of the finest law institutions in the world. If you study these notes properly along with your other course material, you should be scoring a high 2:1 or a first class on your essays. TIP: buy the bundle to save money and cov...
Decentralised Enforcement:Beyond DirectEffect
-> Other doctrines beyond direct that
effect
divert effort
look to
tackle limitations of
by EU.
- Harmaniuitge*u
- Law a.k.a indirect effect.
- - is a way to give effect
It
~ -
to EU law and directivel
-> El law is used to
to
interpret
national law as
give effectto
the objective
of directives. EU law applied
1
indirectly
of
through interpretation
El caw.
-
-
-
/
-
- -
-
, ->The fact that a particular
provisionis not related to
a directive is notan argument
in the
for notinterpreting it
lightofa directive.
key
-> issue is whether there
is a
piece of legislation anywhere in national law which
can be interpreted
harmoniously
the directive.
to give rise to
the implementation of
*
->
- This could also be in national law introduced before
↑
the ms joined the EU.
-> ItdoesI nothave tobe legislation, commun
only
low can be used as well for interpretation.
-> Duty as far
as in
terpreting law
the furthes↓ estent
to that it
can be, does not have to be
M
vorced.
-> Harmonious interpretation come
can not the
at
cost
-
of
creating
an
aggravating criminal
liability.
-
-
, ->
Remedies availablefor
breach EU law are similar
of
those of breach ofnational
-
to
law.
Same remedy mustbe made
=
-
↳
available for breach ofInlaw
as that of breach national law. of
I
An effective mustbe made available for
remedy
protection EU
of law rights.
directive.
from
->
- e
- -
-
-
-
Glink
-
-
-
-> Francovich concerned a directive which was
case who
designed
to ensure that workers were owed money by employers
recieved payments in
-
cases where employer was insolvent
ande de pay
had
to
~
been
not
employed in Italy, and
the workerS who'semploy er had owed them money
became insolvent and the workers tried to
rely upon
the directive to getcompensation.
-> Directive did not specify a way as to how torecompensate
hendsworkers andlet itatto Member States.
implementdirective e
-> Individuals should have some
remedy to have protection
comply directive.
with
againstmember state failure to
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller bilalyousif. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for £7.49. You're not tied to anything after your purchase.
