Legal

Law LLB - EU Coursework

The Principles of Direct and Indirect Effect their Application and their Interrelationship

EU Law FT114 – 24th January 2014

Abstract

Contents

Introduction

This report entails the principle of direct and indirect effect, the way in which they are applied and their interrelationship. We aim to lay out the legal basis, potential criticisms and the way in which they are applied between private individuals.

Review of literature

* Most important writings

Discussion

Legal Basis

Direct Effect

Treaties, regulations and decisions are all directly effective; this means that they are able to be directly enforced in national courts. Directives are an exception to this and to be directly effective must satisfy various conditions. Below each measure will be explained in turn.

Treaty articles – These are capable of direct effect as a treaty will structure obligations which are mutual amongst the member states, Van Gend En Loos.

Regulations – The objective of a regulation is to create rights for individuals, and this puts the national court in a position to protect them, meaning they are directly enforceable, Politi SAS.

Decisions – Decisions are binding and therefore qualify to be directly effective, Grad v Finzamat.

Directives – Member states are given discretion as to whether thy transfer directives into their national law, however they are still binding as to their desired effect. When deciding if the directive has direct effect its nature and wording will be considered, Van Duyn v Home Office.

Recommendations and opinions – These are not proposed to be used for binding legal effect and it therefore would be unsuitable for them to have direct effect, Grimaldi.

When considering making a reference under Article 267 TFEU which concerns direct effect, there are conditions in place to aid the Court. For Treaty Articles, regulations and decisions:

* The provision must be sufficiently clear, precise and unconditional

This...