Scribd
Upload
39 views3 pages

EU Law Wk4 Notes

The document discusses the principles of direct applicability, direct effect, and state liability within the context of EU law. Direct applicability means EU laws are automatically binding in member states, while direct effect allows individuals to enforce these rights in national courts. Key cases such as Costa v ENEL and Simmenthal illustrate the supremacy of EU law over national law and the requirement for uniform application across member states.

Uploaded by

Emma Marron
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as ODT, PDF, TXT or read online on Scribd
39 views3 pages

EU Law Wk4 Notes

The document discusses the principles of direct applicability, direct effect, and state liability within the context of EU law. Direct applicability means EU laws are automatically binding in member states, while direct effect allows individuals to enforce these rights in national courts. Key cases such as Costa v ENEL and Simmenthal illustrate the supremacy of EU law over national law and the requirement for uniform application across member states.

Uploaded by

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

LAW313 Naomi

Mannering

EU Law in the National Legal Order: Direct Applicability,


Direct Effect and State Liability

The EU has its own legal personality and its own legal order, which is distinct
from international law. For the rights under the EU to be effective they must be
capable of direct effect.

Definitions
Direct applicability:

This principle means that international law is automatically binding. These laws obtain
legal validity in the Member States without the need for them to be transposed into national
law. Ex – Treaties, Regulations and Decisions are all directly applicable in MS. Think of it
like having a ready-made-recipe- you can use it right away without making any changes.

Direct Effect:

This is the term given to the judicial enforcement of rights arising from a provision of
Community Law, which can be upheld in favour of individuals in the courts of the
Member States. A measure that has direct effect is one that is capable of direct enforcement
in national courts. Ex. Directives. Imagine you have a tool that works perfectly, and you can
use it yourself without waiting for someone else to give you permission. m
Article 288 TFEU

In order to carry out their task and in accordance with the provisions of
this Treaty, the European Parliament acting jointly with the Council and
the Commission shall make regulations and issue directives, take
decisions, make recommendations or deliver options.

A regulation shall have general application. It shall be binding in its


entirety and directly applicable in all Member States.

A directive shall be binding, as to the result to be achieved, upon


each Member State to which it is addressed, but shall leave to the
national authorities the choice of form and methods.

A decision shall be binding in its entirety upon those to whom it is


addressed.

Recommendations and opinions shall have no binding force.

The Doctrine of Direct Applicability


LAW313 Naomi
Mannering

Simmenthal [1978] ECR 629 established that direct applicability means that
rules of EU Law must be fully and uniformly applied in all Member States
from the date of entry into force and for so long as they continue to be in force.

1) Direct Applicability of Treaties –


*Key case – Costa v ENEL* - made it clear that EU law is supreme because
by signing the treaties , Member States have surrendered their right to
sovereignty, highlighting the continuing supremacy of EC Law over
conflicting national law.
LAW313 Naomi
Mannering

Where a MS has failed to implement a directive of the ECJ


relied on 2 Types of Direct effect:

Horizontal Direct Vertical Direct Effect:


Effect:

You might also like