All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter discusses the doctrine of direct effect. In a broad sense direct effect means that provisions of binding EU law, which are sufficiently clear, precise, and unconditional to be considered justiciable, can be invoked and relied on by individuals before national courts. The legal effect of directives is complex. They have vertical but not horizontal direct effect. The ECJ has however crafted a growing number of qualifications to the proposition that directives do not have horizontal direct effect. The result is that directives can still have ‘legal effect’ on private parties in various ways through the principle of indirect effect/harmonious interpretation; incidental effect; fundamental rights; general principles of law; and where a regulation makes reference to a directive. The UK version contains a further section analysing issues concerning direct effect in relation to the UK post-Brexit.
Chapter
All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter discusses the doctrine of direct effect. In a broad sense direct effect means that provisions of binding EU law, which are sufficiently clear, precise, and unconditional to be considered justiciable, can be invoked and relied on by individuals before national courts. The legal effect of directives is complex. They have vertical but not horizontal direct effect. The ECJ has however crafted a growing number of qualifications to the proposition that directives do not have horizontal direct effect. The result is that directives can still have ‘legal effect’ on private parties in various ways through the principle of indirect effect/harmonious interpretation; incidental effect; fundamental rights; general principles of law; and where a regulation makes reference to a directive. The UK version contains a further section analysing issues concerning direct effect in relation to the UK post-Brexit.
Chapter
This chapter examines the scope of the doctrines of direct and indirect effect (including ‘direct applicability’) in the context of European Union (EU) law. These doctrines allow individuals to rely on EU law rights in national courts. It explains that while the Court of Justice (CJ) has emphasised that EU directives can apply against the state (vertical direct effect: starting with the Van Gend case), but cannot have direct effect as against individuals (horizontal effect), its case law shows a range of developments which operate to undermine the simplicity of this position. The chapter suggests that granting individuals and national courts a role in the enforcement of Union law has ensured that EU law is applied and Union rights are enforced. It also considers questions concerning the idea of incidental direct effect, triangular situations and the consequences of the line of jurisprudence starting with the judgments in Mangold (case C-144/04) and Kücükdeveci (case C-555/07).
Chapter
Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Defrenne v SABENA (‘Defrenne II’) (Case 43/75), EU:C:1976:56, [1976] ECR 455, 8 April 1976. The document also includes supporting commentary from author Noreen O’Meara.
Chapter
Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Defrenne v SABENA (‘Defrenne II’) (Case 43/75), EU:C:1976:56, [1976] ECR 455, 8 April 1976. The document also includes supporting commentary from author Noreen O’Meara.
Chapter
Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Defrenne v SABENA (‘Defrenne II’) (Case 43/75), EU:C:1976:56, [1976] ECR 455, 8 April 1976. The document also includes supporting commentary from author Noreen OߣMeara.
Chapter
This chapter discusses Article 101(1) of the Treaty on the Functioning of the European Union (TFEU), which prohibits agreements, decisions by associations of undertakings and concerted practices that restrict competition. It begins by explaining the terms ‘undertakings’ and ‘associations of undertakings’. It then considers what is meant by the terms ‘agreements’, ‘decisions’ and ‘concerted practices’, as well as what is meant by the phrase ‘prevention, restriction and distortion of competition’ that serves as the purpose of the provision. The chapter then deals with the de minimis doctrine, before explaining the requirement of an effect on trade between Member States. The chapter concludes with a checklist of agreements that, for a variety of reasons, normally fall outside Article 101(1).
Chapter
Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the development of the concepts of the direct effect and indirect effect of EU law—in other words, the rights of an individual or business to rely on a provision of EU law in their national courts; the rules that apply to the grant of remedies in national courts for breach of directly or indirectly effective EU law; and the relationship between direct and indirect effect, and the principle of State liability.
Chapter
This chapter discusses the key concepts within the EU legal order: supremacy, direct effect, indirect effect, and state liability. The doctrine of supremacy dictates that EU law takes precedence over conflicting provisions of national law. If a provision of EU law is directly effective, it gives rise to rights upon which individuals can rely directly in the national court. If an EU measure is not directly effective, a claimant may be able to rely on it through the application of indirect effect, which requires national law to be interpreted in accordance with relevant EU law. State liability gives rise to a right to damages where an individual has suffered loss because a Member State has failed to implement a directive or has committed other breaches of EU law.
Chapter
This chapter examines the main doctrines or principles of EU law. It is divided into three sections. It starts with a discussion on the principle of direct effect and indirect effect, with reference to regulations, directives and international agreements. It then considers the doctrine of supremacy or primacy of EU law with reference to a selection of Member States and the UK. The chapter also considers state liability for breach of EU law, and other remedies.
Chapter
This chapter examines how EU law interacts with national legal systems. It first explains the default rules for the national application of EU law. It then focuses on three key principles: direct effect, indirect effect, and primacy. It considers requirements formulated with respect to procedures for the national enforcement of EU law and state liability for breaches of EU law. The chapter concludes with a case study, which illustrates the interplay between the rules and principles introduced in this chapter.
Chapter
This chapter reviews the main doctrines or principles of EU law. It is divided into three sections: direct effect and indirect effect; supremacy or primacy; state liability for breach of Union law and other remedies.
Chapter
Matthew J. Homewood and Clare Smith
This chapter discusses the key concepts within the EU legal order: supremacy, direct effect, indirect effect, and state liability. The doctrine of supremacy dictates that EU law takes precedence over conflicting provisions of national law. If a provision of EU law is directly effective, it gives rise to rights upon which individuals can rely directly in the national court. If an EU measure is not directly effective, a claimant may be able to rely on it through the application of indirect effect, which requires national law to be interpreted in accordance with relevant EU law. State liability gives rise to a right to damages where an individual has suffered loss because a Member State has failed to implement a directive or has committed other breaches of EU law.
Book
Matthew Homewood and Clare Smith
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law assessment, what assessors are looking for, and how to achieve extra marks. EU Law Concentrate provides essential information on all aspects of EU law, starting with the origins, institutions, and sources of law in the EU. It then moves on to consider supremacy, direct and indirect effect, and state liability. Chapter 4 looks at direct actions in the Court of Justice of the European Union. Articles 258–260, 263, 265, 277, and 340 are examined in detail. The next few chapters describe the free movement of goods, persons, and the freedom of establishment and freedom to provide (and receive) services. The book ends with a consideration of EU competition law, in particular Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU).
Book
Matthew J. Homewood
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. EU Law Concentrate provides essential information on all aspects of EU law, starting with the origins, institutions, and sources of law in the EU. It then moves on to consider supremacy, direct and indirect effect, and state liability. Chapter 4 looks at direct actions in the Court of Justice of the European Union. Articles 258–260, 263, 265, 277, and 340 are examined in detail. The next few chapters describe the free movement of goods, persons, and the freedom of establishment and freedom to provide (and receive) services. The book ends with a consideration of EU competition law, in particular Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU).
Chapter
Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the development of the concepts of the direct effect and indirect effect of EU law—in other words, the rights of an individual or business to rely on a provision of EU law in their national courts; the rules that apply to the grant of remedies in national courts for breach of directly or indirectly effective EU law; and the relationship between direct and indirect effect, and the principle of State liability.
Chapter
This chapter examines the public law implications of UK membership of the European Union (EU). It concentrates on the demands that EU law makes of the legal systems of member states and the particular effect those demands have had within the specific context of the UK. The doctrines of direct effect and supremacy are set out to explain how EU law comes to apply in member states. The chapter proceeds to discuss the general principles of EU law under the headings of proportionality, equality, and legitimate expectation. These are principles which are also of central relevance to domestic administrative law and they are discussed at length in subsequent chapters. The remedies available under EU law are also considered as part of the chapter. Finally, the doctrine of parliamentary sovereignty is discussed in the light of the qualifying provisions of the European Communities 1972 and the impact of relevant case law including Factortame, Thoburn, HS2, and Pham. Consideration is also given to the impact of the European Union Act 2011 and the role of the Charter of Fundamental Rights of the European Union.
Chapter
Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Van Duyn v Home Office (Case 41/74), EU:C:1974:133, [1974] ECR 1337, 4 December 1974. The document also includes supporting commentary from author Noreen O’Meara.
Chapter
Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Foster and others v British Gas plc (Case C-188/89), EU:C:1990:313, [1990] ECR I-3313, 12 July 1990. The document also includes supporting commentary from author Noreen O’Meara.
Chapter
Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Van Duyn v Home Office (Case 41/74), EU:C:1974:133, [1974] ECR 1337, 4 December 1974. The document also includes supporting commentary from author Noreen O’Meara.
