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EU Law Directions

EU Law Directions (7th edn)

Nigel Foster
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date: 21 June 2024

p. 1948. Remedies: direct and indirect effects and state liabilitylocked

p. 1948. Remedies: direct and indirect effects and state liabilitylocked

  • Nigel FosterNigel FosterFRSA

Abstract

This chapter examines the remedies developed by the Court of Justice (CJEU) for member states who violate European Union (EU) laws. It considers the concept of direct applicability and reviews the development of the doctrine of direct effects through an analysis of case law. The chapter proposes ways for overcoming the lack of horizontal effect for EU Directives to avoid the result of the ‘Marshall’ ruling and discusses state liability in the CJEU cases C-6 and 9/90 Francovich. These remedies are known as the enforcement from below as a part of the dual system of vigilance of EU law. It also considers national procedural law and the system of remedies developed by the CoJ.

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