Direct Effect in EU Law

Jul 18, 2024

Lecture on Direct Effect in EU Law

Introduction

  • The supremacy of EU law established in cases like Costa and Enel.
  • Importance of enforcement of these rights in National court systems.
  • The principle of direct effect is crucial.

Types of Direct Effect

  1. Vertical Direct Effect

    • Allows individuals to enforce rights against the state.
    • Wide definition of the state: includes Parliament, local authorities, government departments, and local schools.

  2. Horizontal Direct Effect

    • Allows individuals to enforce rights against other individuals or companies.
    • Companies have corporate legal personality, hence can also be sued.

Application to EU Law Types

Treaties

  • Primary legislation of the EU: Similar to Acts of Parliament in the UK.
  • Have both horizontal and vertical direct effect.
  • Case: Van Gend en Loos (1963): Treaty articles must be clear, unconditional, prohibitive, and not dependent on member state implementation.

Regulations

  • Automatically become part of national law upon passing.
  • Have both horizontal and vertical direct effect.

Directives

  • Require member states to take action within a certain time limit.
  • Only have vertical direct effect.
  • To be enforceable, directives must:
    • Give rights to individuals (Cases: Defrenne and Sabena No. 2).
    • Have the time limit expired (Case: Ratti).

Indirect Effect

  • Allows directives to have horizontal direct effect.
  • Process: When enforcing rights, the court (an emanation of the state) must abide by EU law.
  • Key Cases:
    • Von Colson (1984)
    • Lister v. Forth Dry Dock (1989)

Definition of the State

  • Exam/Problem question tip: Define the state to pick up marks.
  • Case: Foster v. British Gas PLC (1990)
    • Definition: Provides a public service, under state control, and has special powers.

Exam Tips

  • Start with definitions.
  • Differentiate between horizontal and vertical direct effect.
  • Identify if the body is part of the state using the Foster criteria.
  • Determine the type of EU law involved (treaties, regulations, directives).

Conclusion

  • Direct effect often comes up in problem questions.
  • Proper use of definitions and cases can help score well.
  • Reach out with questions for further clarification.

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