Direct effect. Kamilla Chadha

Standard

van gend en loos

direct effect – law is enforced by national court

 

D E can be vertical or horizontal . vertical means legislation is enforced against the state or its emanation

horizontal means it is enforced against an individual

in order to use D E we need to establish three things

the law in question can be directly effective

there are directive and regulations

– we need to show that the law meets the criteria

these are that the defendant be a state body or an emanation

is

treaty article

directive.

=========== treaty articles. primary legislation. no discretion in implementing it. these article have vertical and horizoantal effect

van gend en loos . article 30 TFEU

no customs duties allowed. Dutch chafrged for German imports

 

Defra – a woman broyght an action against a Belgian airline

article 157 of TFEU on ewual pay

le nesio  – Italian minister where the govt refused to pay compensaiton to reduce milk production as specified in an EU regulation

horizonal direct effect. antonio munesio

 

———————

directives are binding as to the result. usually three years is given for implementation

they are only effective vertically.

can only be used against the state or an emanation’ van Duyn. said if you did not do this they would be useless

Marshall is a case that says they can only be used vertically and not horizontal

if the regulation or treaty article can be D E then it must meet some criteria to be utilised. Van Gren criteria. regulaiton or treaty article must be clear, precise and unconditional

if it prohibited hours then it says the exact amount

the reason why this criterion is used is because it offers no discretion

directives do require the exercise of discretion they are binding as to the result

Van Gend criteria need to be satisifed

Ratti criteria – the deadline must have passed

directives only have vertical DE   – defendant must be the state or an emnation

In duke the employer was a private body

why is this? In Marshall it was said that if this was not the case then member states could take advantage of their own failings

this should not be too onerous on private citizens who have abided by national law

how do we prove if it is a state or semi state body

the defendant must be under a statutory duty to provide a public service

it must have special powers.

Foster v  British Gas  criteria.

Rolls Royce – state control of it but not statutory duty so Rolls Royce was not a public body

it will suffice if the state os under state control – Griffin v South West Water Services Ltd  this was found. South West Water can impose hose pipe ban

Only 2 criteria need to be established not 3. This is seen in  NUT v St Marys

state liability

if DE cannot be established the claimant might have a claim in indirect effect

 

 

 

 

 

 

 

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About Calers

Born Belfast 1971. I read history at Edinburgh. I did a Master's at UCL. I have semi-libertarian right wing opinions. I am married with a daughter and a son. I am allergic to cats. I am the falling hope of the not so stern and somewhat bending Tories. I am a legal beagle rather than and eagle. Big up the Commonwealth of Nations.

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