EU In The National Legal Systems

1.

Community law is directly enforceable in national courts through __________?

Explanation
Direct effect is where a provision is clear and precise, unconditional and its deadline has expired thus can be enforced by an individual against a member state. Supremacy provides that Community law is takes precedence over national law thus it is Community law that applies in a conflict. These two doctrines allow for Community law to be directly enforceable!

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2.

What does the case of Van Gend en Loos provide?

3.

What does the case of Costa v ENEL provide?

4.

What are the threshold criteria required for direct effect (Van Gend en Loos)?

A.

The measure must be clear and precise
B.

Unconditional i.e. no room for further implementation
C.

Deadline for implementation must have expired
D.

All of the above

Correct Answer
D. All of the above

Explanation
The threshold criteria required for direct effect (Van Gend en Loos) are that the measure must be clear and precise, unconditional with no room for further implementation, and the deadline for implementation must have expired. These criteria ensure that the measure has a direct and immediate effect on individuals and can be invoked in national courts without the need for further action or implementation.

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5.

Directives have direct effect before the transposition deadline?

A.

True
B.

False

Correct Answer
B. False

Explanation
The case of Ratti provides that the deadline must have expired otherwise Member States are denied their discretion to implement.

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6.

What duty is placed on Member States when implementing a directive and the deadline for transposition has not expired?

A.

Duty of loyal co-operation?
B.

Duty of consistent interpretation?
C.

Both of the above?

Correct Answer
A. Duty of loyal co-operation?

Explanation
Inter-environment v Wallonie: During implementation there is a duty of loyal co-operation on Member States to refrain from adopting measures that are liable to seriously compromise the result prescribed (a negative duty)

Adeneler: AG Kokott argued that there should be a duty of consistent interpretation regards existing domestic legislation nonetheless there is no positive duty on Member States.

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7.

What duty is imposed where a directive is unimplemented and the deadline for transposition has expired?

A.

Duty of loyal co-operation?
B.

Duty of consistent interpretation?
C.

Both of the above?

Correct Answer
B. Duty of consistent interpretation?

Explanation
Dorsch Consult: concerned a directive requiring Member States to establish a tribunal to hear public service disputes. ECJ held no direct effect as MS have discretion to choose what court or tribunal hears a dispute.

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8.

In Francovich a private party could sue the Member State for its failure to implement a directive provided which following criteria are satisfied?

A.

The directive does not give rights to individuals?
B.

The directive does give rights to individuals?
C.

Rights are identifiable in the directive?
D.

Individual circumstances of the case suggest so?
E.

There is a direct causal link between the Member States failure to implement and the damage?

Correct Answer(s)
B. The directive does give rights to individuals?
C. Rights are identifiable in the directive?
E. There is a direct causal link between the Member States failure to implement and the damage?

Explanation
In the case of Francovich, a private party can sue a Member State for its failure to implement a directive if the following criteria are satisfied: the directive does give rights to individuals, rights are identifiable in the directive, and there is a direct causal link between the Member State's failure to implement and the damage.

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9.

Who can benefit from direct effect i.e. who can compel a directive to be enforced by a MS?

10.

Treaty provisions are _________ effective.

Correct Answer(s)
Horizontall and vertically effective.

Explanation
The correct answer is "Horizontally and vertically effective." This means that the treaty provisions are applicable and enforceable both between the parties to the treaty (horizontally) and within the domestic legal systems of the parties (vertically). In other words, the provisions have a direct effect on the relationships between the treaty parties and can also be implemented and upheld within their respective countries. This ensures that the treaty provisions have a broad scope of application and can be effectively enforced at both international and domestic levels.

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11.

Member states must adopt measures when _____________

Correct Answer(s)
full and complete implementation of the treaty creates no action.

12.

When can regulations be both horizontally and directly effective?

13.

What does Art.249 provide in relation to directives?

A.

Directives are directly applicable?
B.

All directives have direct effect?
C.

Directives are binding as the result to be achieved?
D.

Directives are binding to those addressed?
E.

Directives have no direct effect to those who they are addressed?

Correct Answer(s)
C. Directives are binding as the result to be achieved?
D. Directives are binding to those addressed?

Explanation
Art.249 of the European Union Treaty provides that directives are binding as to the result to be achieved, but leave the choice of form and methods to the Member States. This means that Member States are required to achieve the objectives set out in the directive, but they have flexibility in deciding how to implement it into their national laws. Directives are binding to those addressed, which means that Member States are obliged to transpose the directive into their national legislation and ensure its implementation. However, directives do not have direct effect on individuals and cannot be invoked directly in national courts.

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14.

_______ chose the form and methods in which directives are to be implemented.

Correct Answer(s)
Member States

Explanation
Member States have the authority to choose the form and methods in which directives are implemented. This means that each individual country within the European Union, for example, has the flexibility to determine how they will incorporate and enforce directives into their national laws and regulations. This allows Member States to adapt the directives to their specific legal systems and administrative structures, ensuring effective implementation and compliance within their respective jurisdictions.

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15.

Directives as provided by Van Duyn and Ratti have ...

A.

Horizontal effect between two private parties?
B.

Vertical effect against a member state?
C.

Vertical effect against an individual?
D.

All of the above?

Correct Answer
B. Vertical effect against a member state?

Explanation
Directives are only vertically directly effective where an individual seeks to rely on it against a member state. As evidenced in Pretore de Salo MS cannot rely on a directive against an individual.

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16.

The ECJ developed means of alleviating the hardship caused by the lack of horizontal direct effect of directives in the form of ....

A.

The doctrine of 'emanation of the state'
B.

The duty of loyal co-operation
C.

The duty of consistent interpretation
D.

Where general principles of community law are concerned
E.

All of the above

Correct Answer(s)
A. The doctrine of 'emanation of the state'
C. The duty of consistent interpretation
D. Where general principles of community law are concerned

Explanation
The correct answer is "All of the above". The ECJ developed various means to alleviate the hardship caused by the lack of horizontal direct effect of directives. One such means is the doctrine of 'emanation of the state', which extends the application of directives to entities that are not strictly part of the state but are closely linked to it. The duty of consistent interpretation requires national courts to interpret national law in a manner consistent with the objectives of the directive. Additionally, where general principles of community law are concerned, national courts are obliged to interpret national law in light of those principles. Therefore, all of these means contribute to alleviating the hardship caused by the lack of horizontal direct effect of directives.

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17.

What is the doctrine of emanation of the state?

18.

What is the duty of consistent interpretation?

19.

What constitutes general principles of community law?

20.

Mangold is criticised by Wyatt and Dashwood for _______

Correct Answer(s)
bringing another level of arbritariness to an already inconsistent and confused field of community law

Explanation
Mangold is being criticized by Wyatt and Dashwood for exacerbating the existing lack of consistency and confusion in the field of community law by introducing an additional layer of arbitrariness.

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Eu In The National Legal Systems

Community law is directly enforceable in national courts through __________?

What does the case of Van Gend en Loos provide?

What does the case of Costa v ENEL provide?

What are the threshold criteria required for direct effect (Van Gend en Loos)?

Directives have direct effect before the transposition deadline?

What duty is placed on Member States when implementing a directive and the deadline for transposition has not expired?

What duty is imposed where a directive is unimplemented and the deadline for transposition has expired?

In Francovich a private party could sue the Member State for its failure to implement a directive provided which following criteria are satisfied?

Who can benefit from direct effect i.e. who can compel a directive to be enforced by a MS?

Treaty provisions are _________ effective.

Member states must adopt measures when _____________

When can regulations be both horizontally and directly effective?

What does Art.249 provide in relation to directives?

_______ chose the form and methods in which directives are to be implemented.

Directives as provided by Van Duyn and Ratti have ...

The ECJ developed means of alleviating the hardship caused by the lack of horizontal direct effect of directives in the form of ....

What is the doctrine of emanation of the state?

What is the duty of consistent interpretation?

What constitutes general principles of community law?

Mangold is criticised by Wyatt and Dashwood for _______