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Application of EU law before domestic courts - Coggle Diagram
Application of EU law before domestic courts
member state liability
principles
established
extended reparations
rule of law infringed
serious breach
direct causal link
MS responsible for acts of ALL organs
Conditions underpinning MS liability + EU liability under 340 TFEU are identical
national procedural rules
principles of
effectiveness
equivalence
doctrine of supremacy
EU law has primacy over national law
declaration 17 Lisbon
developed by ECJ
Different restrictions from MS
FRANCE doesn't accept
ITALY accepted
GERMANY silent unhappy truce
UK unhappy but HOL happy
IRISH no problem whatsoever
doctrine of direct effect
capacity of EU norm to be applied in domestic court
operation of doctrine measure
clear
unconditioned
nil reservation
not dependent
unconditional
sufficiently precise
justifiability
harshness of VDE - only rule for directives achieved by
widening concept of State
development of indirect effect
development of incidental effect
doctrine of indirect effect was held to apply in former 3rd pillar matters
directives relied on after transposition deadline passed
directives only have VDE?
doctrine applies differently to different legislation