Supremacy Of Ec Law Essay

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Your answer should address direct effect, indirect effect, and state liability in turn, ensuring relevant analysis and evaluation as you go along.

As all three doctrines were created by the Court of Justice, the case law will feature strongly, as the question itself indicates.

Directives Unlike treaty articles and regulations, directives are not directly applicable but instead require implementation into national law.

The initial belief was that directives could not have direct effect because Article 288 TFEU outlined that since the result would be “binding as to the result achieved”, the choice and form of implementation would be left to each member state.

There are eight “advocates – general” whose job is to present opinions on cases, which are brought before the Court.

The appointment of judge and advocate general is determined by each member state of the European Union and they are appointed for a six-year renewable term.

The term direct applicability suggests automatic incorporation into national law without need for further enactment.

Additionally, individuals can invoke regulations both horizontally and vertically; the conditions for reliance upon a regulation are identical to directives in requiring the regulation to be sufficiently clear, precise and unconditional.

Case 41/74 Van Duyn v Home Office [1974] 8 Case 148/78 Pubblico Ministero v Ratti [1979] 9 Case 41/74 Van Duyn v Home Office [1974] 10 Case 148/78 Pubblico Ministero v Ratti [1979] 7 directive loosely enough to achieve the same effect.

Following Von Colson uncertainties still remained; it was still unclear as to whether indirect effect could be applied to a national law unintended to perform the function or if the rule could be applied to national provisions predating a directive.16 These issues were clarified in Marleasing which widened the scope of indirect effect.17 In this case, a conflict was found to exist between Spanish law and an unimplemented directive; the ECJ ruled in Von Colson the member state was under a duty to fulfil its EU obligations and it was therefore required that national courts must interpret national law “as far as possible” in light of the directive.

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