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EU LAW DIRECT Effect

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Solomon Kumi dukun
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10 views1 page

EU LAW DIRECT Effect

Uploaded by

Solomon Kumi dukun
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

EU LAW- DIRECT EFFECT

Vertical and horizontal

Treaties

 Primary legislation of the EU


 Horizontal AND vertical direct effect
 Van Gend en Loos(1963)
- Clear and unconditional
- Prohibition
- Not dependent on member state implementation

Regulations

 Automatically part of EU law and member state law


 Horizontal AND vertical direct effect

Directives

 Requires member states to do something within a certain time limit


 Have ONLY vertical direct effect
 Must give rights to individuals
-Defrenne v SABENA (NO.2)(1979)
 The time limit must have passed
-Pubblico Ministero v Ratti(1979)

Indirect effect

 Allows directives to be horizontally effective


 Von Colson v Land Nordrhein-Westfalen(1984)
 Lister v Forth Dry Dock(1989)

The state

 Provides a public service


 Under the control of the state
 Has special powers beyond those of individuals
-Foster v British Gas plc(1990)

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