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European Union Law : Assignment

   

Added on  2021-04-17

11 Pages2565 Words112 Views
Running head: EU LAWEuropean Union LawName of the studentName of the universityAuthor note

1EU LAWIntroduction According to the legal order of Sovereignty of the European Union, a new legal order ininternational law had been constituted by the community and under the benefit of such law themember states will compromise with their right of sovereignty in limited areas. The EEC treatyestablishes a self created legal system which is to be taken as a core part of the legal structure ofthe member states. In the given situation EU law prevails over national law in case of dispute.These principles have been discussed in the case of Costa v ENEL1. The purpose of the paper isto “discuss and evaluate the doctrines of direct effect, indirect effect and state liability developedby the Court of Justice of the European Union” The paper provides a discussion in relation to direct effect in terms of treaty articles,regulations, and directives, indirect effects in terms of application and significance and strictliability damages which is a method of overcoming shortcomings of the direct and the indirecteffect in the light of various cases. The paper then comes to an appropriate conclusion in relationto the essay topic. Direct effect According to Willam (2016) through the principles of direct effect an individual isprovided the right to invoke a European ruling immediately before a European or national code.Apart from being related to only a very limited European legislation there are several conditionimposed on the principle2. Along with the principles of precedent the direct effect of Europeanlaw is in integral principle in European law. The principle had been enshrined by European union1FlaminioCosta v ENEL(1964) Case 6/64;Internationale HandelsgesellschaftmbH v Einfuhr- und Vorratsstellefür Getreide und Futtermittel (1970) Case 11/70; Finanze vSimmenthalSpA (1978) Case 106/77; R (FactortameLtd) v Secretary of State for Transport UKHL 7; C-213/892Phelan, William. "Supremacy, direct effect, and Dairy Products in the early history of Europeanlaw."International Journal of Constitutional Law14.1 (2016): 6-25.

2EU LAWcourt of justice. Through the principle irrespective of whether there is existence of national lawtest an individual may invoke European law before courts. The application and effectiveness ofEU law in European countries is ensured through the direct effect. In the judgment of Van Gend en Loos the court of justice enshrined the direct effect ofEuropean law. It had been stated by the court in this judgment that along with engenderingobligations for EU countries the European law also has rights for individuals. Thus as a part ofmaking use of such rights individuals have the right to directly invoke European Acts beforenational and European law3. Treaty articles The principle of direct effect had been created by the ruling of Van Gend. Treaty articlehave the capacity of direct effect. Thus a treaty cannot be regarded as merely an agreementwhich imposes obligations on the parties to it. In the same way obligations have been imposedupon individuals by the EU law along with providing them with specific rights. The direct effectof the treaty articles depends upon the principles which had been created in the Van Gendjudgment. This means that the measures have to be adequately clear, unconditional and preciseand further the implementation must not depend upon implementation of any measure.Subsequently these conditions may be loosened and reworked as it had been done in Defrennewhere it had been stated that the measures have to be precise, adequately clear andunconditional4. 3Van Genden Loos v Nederlandse Administratie der Belastingen (1963) Case 26/624Defrennev Sabena (No 2) (1976) Case 43/75

3EU LAWDirect effects can be divided into two aspects which are Vertical direct effect andhorizontal direct effect. A vertical direct effect results out of relationship between the countryand individuals. According to this effect European law may be invoked by individuals withrespect to the country. On the other hand horizontal direct effect results out of relationshipsbetween the individuals itself. Here European provisions can be invoked by individuals inrelation to one another5. Based on the kind of situation which constitutes the act either a full orpartial direct effect is accepted by the court of justice. In the judgment of Van Gend although itwas made clear in relation to treaty articles that they have capacity of direct effect had beenprovided the question in relation to its horizontal direct effect had not addressed. In the otherhand it had been ruled in Defrenne that treaty articles have the capacity of being horizontallyinvoked. Since the decision of Defrenne and Van Gend various treaty articles have been held tohave horizontal and vertical direct effect which includes provisions of internal markets as well. Afew significance which the “effect” holds for individuals include the ability of invoking theprovisions in national court and also the ability to invoke treaty rights against other individualsand the state. Regulation As provided in Leonesio and Politi regulations are capable of having a horizontal andvertical effect and are to be subjected to the same situations which are imposed in the case oftreaty articles6. Directives 5 Nollkaemper, André. "The duality of direct effect of international law." European Journal of International Law25.1 (2014): 105-125.6C-154/99 P. CorradoPolitiv. European Training Foundation; Leonesio v Ministero Della Agricoltura E Foreste[1972] ECR 287, R-93/71

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