he module introduces systems of European law. Both international and national. The international focus is mostly on EU law with some reference and comparison to other international systems, notably the Council of Europe and the UN for comparative purposes. The national dimension considers civil law...
Effects of the EU law in member states
Wednesday, 23 March 2022 10:04
Enforcement of EU law in member states are the
'Direct Effect'-enforcing EU la
legal principles below that ensure that EU law is
We have to look at the case l
recognised and effective in the member state and
Essential foundation case: Va
Crucially in the courts of ms. A point of interest is that
Dutch court concerning enfor
most of them have been created by the Court of
TFEU) the community [now E
Justice in luxembourg. The court of justice created
for the benefit of which the s
the concept to enforce EU law (direct effect).
limited fields, and the subject
their nationals. Independentl
therefore not only imposes o
confer upon them rights whic
arise not only where they are
of obligations which the treat
as well as upon the Member
EU law is a special type of int
This company could enforce a
an enforceable right in a nati
'Direct applicability'= the law is recognised and applied as part
of the law in member states. EU regulations- Article 288 of the
TFEU states 'a regulation shall have general application. It shall
be binding in its entirety and directly applicable in all member
states. There is no need for national law to validates this eat
time a regulation is made. Commission v Italy 39/72; Fratelli
Variola 34/72. Be careful - because of the way the law has Direct effect and eu treaty
developed – this does not definitely mean a regulation can be No, only those that meet t
enforced in a court It follows that a regulation should usually VGeL criteria). To be enfor
be enforced in a national court, so directly applicable presumes right/impose an obligation
direct effectiveness; Leonesio C93/71. But note: not always. clear and precise, Uncond
Treaty articles. Though there is no statement to this effect (eg implementing procedu
(eg a requirement for the
within the Treaties, it is considered that EU Treaties are directly
applicable in the same sense, automatically part of the law of A number of treaty article
each MS (after the MS has formally ratified its membership). effect CJ precedents to sh
• Article 45 TFEU – th
• Article 49 TFEU – ri
member state
• Art 157 TFEU – the r
female colleagues
Most treaty articles are ab
general aims – and many o
,aw in the MS
law of the CJ to know which EU law can be enforced
an Gend en Loos 26/62 Case was a prelim ref from Direct effect and EU regu
rceability of a treaty article, art 12 EEC ( now art 30 Member States’ and furt
EU] constitutes a new legal order of international law and business in the EU. In
states have limited their sovereign rights, albeit in effectiveness; Leonesio C
cts of which comprise not only Member States but also en Loos test, Monte Arco
ly of legislation of Member States, Community law transposition. In summa
obligations on individuals but is also intended to and but not necessarily d
ch become part of their legal heritage. These rights 131/79
e expressly granted by the Treaty, but also by reason
ty imposes in a clearly defined way upon individuals
States and upon the institutions of the Community.’= Direct effect and directiv
ternational law, meaning : EU law can be enforced: Art 288 TFEU: A directive
art 12 EEC in the national courts, An EU law that gives which it is addressed, bu
ional court is considered directly effective methods. Key point here
So, logically it would seem
transposed: the resulting
directive itself be enforce
Home Office 41/74. How
decision means that ther
effect and directives- the
y articles
the enforcement criteria (now known as
rceable the treaty article must grant a
n which the national court concludes is: Be
dition, Not dependent upon further action
ure) by an EU institution or by MS action
MS to first pass its own national law)
e do meet the criteria – ie, we have in
how this:
he right to work in another member state
ight to set up a business in another
right to equal pay between male and
bout setting EU institutions, processes or
of the aims of the EU only become
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