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EU EFFECTS & COMPETENCIES - Coggle Diagram
EU EFFECTS & COMPETENCIES
VERTICAL DIRECT EFFECT
A State VS a public authority and a individual
Van Gen en Loos
DIRECT EFFECT
mean the ability of a piece of European Union (EU) legislation to be enforced by an individual in a court of a member state.
HORIZONTAL DIRECT EFFECT
Individual vs Individual, both as private entity
Defrenne vs Sabena Case
A treaty has
both an direct and vertical effect
A directive, only have
vertical effect
The direct effect of an
international agreement
varied according to the agreement
COMPETENCIES
EXCLUSIVE COMPETENCIES
ARTICLE 3 OF THE TFEU
, are areas where only the EU can act (monetary policy, common commercial policy, custom union [fee / droit de douane/ which make the EU the sole competence]
SHARED COMPETENCIES
ARTICLE 4 OF THE TFEU
, the member states can not legislate on the same subject that the EU or neither act (environment, transport)
SUPPLETING COMPETENCES
ARTICLE 6 OF THE TFEU
, codified in the treaties, the EU cannot go beyond what it’s necessary for his objectives. Must have proportional measures between objectives
EXTENSION OF COMPETENCIES
ARTICLE 5 OF THE TFEU
, can be expanded with residual power (Article 352 of the TFEU). When measures are taken, some other areas can be touched. And so these decisions can have effect on areas who are not in the EU control. Codified. Implied power, the EU has the competencies which were implied or directly given to him.