4 doctrines of how the EU law develop (Doctrine of direct effect ( (Why we…
4 doctrines of how the EU law develop
Supremacy of EU Law
EU law is supreme.
must be applied by the courts in preference to incompatible national law.
member state may not pass legislation contrary to EU law.
member states are not entitled to pass national laws which conflicts with EU law.
Doctrine of direct effect
3 conditions of direct effect.
its operation must not depend on further action being taken by EU on national authorities.
provisions must be clear and unambiguous.
must be unconditional.
EU law gives to citizens rights as well as obligations.
these rights ought to be 'enforceable'.
can be applied by national courts.
subjects of the EU legal order are the citizens of the member states.
Van Deyn v Home Office
directives are capable of having direct effect if they fulfilled the conditions.
Pubblico v Ratti
given when the member states breach the European obligations.
deadline for transposition must be passed.
vertical effect: public bodies.
Faccini: consumer rights directives, cannot rely on EU law because its against the private bodies.
Why we need vertical and horizontal effect?
member state may not plead in its own defense for failing to comply with EU obligations.
individuals and private sectors are NOT bound by directives, only by member state transposition.
horizontal effect: private bodies.
enforce law against the member state (it can only be applied to member state).
give effect to individual EU law rights.
That is to be applied by national courts directly.
if they are expressed in such a way as to be a recognizable legal rule that a judge can apply.
All EU legal instruments are capable of having direct effect.
2 exceptions to the rule.
directives in horizontal litigation between private individuals and companies.
directives which have not yet reached their transposition date.
What is a sufficiently serious breach?
R v HM
lack of good faith.
the wording was imprecise, British government made an error in good faith; thus no state liability.
any failure to transpose by the deadline is per se a sufficiently serious breach of EU law and five rise to Francovich liability.
Factortame (Spanish fishermen case).
state liability can be invoked following a failure of a national court correctly to apply EU law.
Francovich v Italy
if member states don't comply, the court will take whatever it takes.
individuals can claim compensation from member state for violations of EU obligations which cause them harm.
aka Francovich liability
European Union member states could be liable to pay compensation to individuals who suffered a loss by reason of the member state's failure to transpose an EU directive into national law.
Duty of consistent interpretation (indirect effect)
duty only applies once the transposition date has passed.
duty applies to all legislation: both horizontal and vertical.
every worker is entitled to paid annual leave of at least 4 weeks.
Employment Rights Act 1996 Section 234.
Working Time Directive Article 7.
the intention of Parliament was to fulfill its obligations to do so fully and accurately.
under German law, its sex discrimination of not having women working in prison.
principle of statutory interpretation: court must interpret law in line with EU law.