Direct Effect Of European Law

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Eu Law Direct And Indirect Effect

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Author : Carolina Gerwin
language : en
Publisher: GRIN Verlag
Release Date : 2019-12-09

Eu Law Direct And Indirect Effect written by Carolina Gerwin and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-12-09 with Political Science categories.

Essay from the year 2019 in the subject Politics - International Politics - Topic: European Union, grade: 71, University College London, language: English, abstract: This essay argues that while the concept of indirect effect of EU Law is important for safeguarding individual’s rights due to its several beneficial characteristics, recent case law indicates that the principle of horizontal direct effect becomes more important. The essay starts by focusing on the direct effect of primary EU law, particularly Treaty Articles, before discussing the principle regarding secondary sources, especially directives. After that, strategies developed by the CJEU to neutralise the impact of the rule that directives do not have horizontal direct effect are debated, leading to the conclusion that indirect effect becomes less important.

Laws Of The European Union Direct Effect Indirect Effect And State Liability

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Author : Ogochukwu C. Nweke
language : en
Publisher: GRIN Verlag
Release Date : 2021-01-28

Laws Of The European Union Direct Effect Indirect Effect And State Liability written by Ogochukwu C. Nweke and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-01-28 with Law categories.

Essay from the year 2020 in the subject Law - European and International Law, Intellectual Properties, , language: English, abstract: This document discusses how the Court of Justice of the European Union has over the years adopted and used the Direct effect, Indirect effect and State liability principles to make the EU Laws more effective, both in terms of interpretation and application, especially with regards to EU Directives. The Court of Justice of the European Union (CJEU) whose composition and functions were enunciated in Section 5 of the Treaty on the Functioning of the European Union (TFEU) 2008, was established in 1952, with the aim of interpreting the Laws of the European Union, making sure that the application of these laws are uniform and consistent in all EU countries. The CJEU also “settles legal disputes between national governments and EU institutions.” The CJEU is divided into two courts. It gives rulings on cases brought before it and in doing so, it is required to give preliminary rulings in its capacity to interpret the laws (among other capacities) "to ensure EU law is properly applied, but courts in different countries might interpret it differently. If a national court is in doubt about the interpretation or validity of an EU law, it can ask the Court for clarification. The same mechanism can be used to determine whether a national law or practice is compatible with EU law."

The Ecj And Direct Effect From The Treaty Of Rome Over Van Gend En Loos To Francovich

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Author : Paul Unglaub
language : en
Publisher: GRIN Verlag
Release Date : 2016-07-04

The Ecj And Direct Effect From The Treaty Of Rome Over Van Gend En Loos To Francovich written by Paul Unglaub and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-07-04 with Law categories.

Essay from the year 2015 in the subject Law - European and International Law, Intellectual Properties, grade: 1,45, Edinburgh Napier University (European Law), course: European Law, language: English, abstract: Firstly, this essay will provide some general information regarding the development of the EU. In this context the concept of supremacy will briefly be overviewed, as it is closely related to the doctrine of direct effect. Subsequently, a definition of both direct effect and direct applicability will be administered. Furthermore, the relationship between direct effect and the various Community measures will be examined, focusing then on Directives for reasons which will be explained afterwards. Afterwards, the issues concerning vertical and horizontal direct effect in respect of Directives will be investigated. Finally, the essay will illustrate why and in which cases the doctrines of indirect effect and state liability become applicable. The paper will then conclude by answering the question, referring to the previous remarks, why the European Court of Justice (henceforth, ECJ) introduced the concept of direct effect. The Treaty that established the European Economic Community (EEC) was the Treaty of Rome. It became effective on the 1st of January 1958. This moment can be regarded as a milestone in the development of the European Union. The treaty had not only the objective to prevent the outbreak of a further war between France and Germany but also to bring the Member States of western Europe together in a closer Union by extending the European integration to include general economic cooperation. Over the years, the Member States joined various treaties creating the juridical and political framework, in order to make the Community capable of cooperating on a broad range of matters. The EU organs – such as the Commission, Council, Parliament and the Court – were constituted. In different shape and occurrence, all of the above stated organs are entitled to announce measures (Regulations, Directives and Decisions) which would be targeted to the Member States. In the aftermath of this development two main questions arose. Namely, by what tool would such a measure be exercised towards the Member State(s)? The second and closely linked question was which law would prevail in the not unlikely situation of a dispute between the national law of a Member State and the European rule?

Direct Effect Of European Law

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Author : Christopher J M Smith
language : en
Publisher: Taylor & Francis
Release Date : 2013-10-28

Direct Effect Of European Law written by Christopher J M Smith and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-10-28 with Law categories.

First Published in 1995. This is Volume II of a series on Environmental Technology. The series will be of use to operators of industrial processes as well as regulatory bodies and those involved in environmental consultancy, and some titles will be appropriate for degree-level courses. The generation of material wealth through industrial production carries with it inevitable impacts on the environment. The challenge to society is to reconcile these factors so as to achieve a high level of protection for the environment as a whole whilst continuing to enjoy the benefits of industrial activities. The author explores the implications of the Doctrine of Direct Effect in the context of EU directives concerning the environment. In particular, attention is focused on implementation of the Directive on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community (76/464/EEC), commonly referred to as the Dangerous Substances Directive.

European Law And National Private Law

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Author : A. S. Hartkamp
language : en
Publisher:
Release Date : 2016

European Law And National Private Law written by A. S. Hartkamp and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Civil law categories.

Traditionally European law is important for public law. However, it is also increasingly important for private law, that is to say, the legal relationships between individuals. European Law and National Private Law addresses and analyses the various sources of European law in (hierarchical) order, namely the Treaty on the Functioning of the European Union, the general principles of EU law, EU Directives and EU Regulations, as well as the influence of fundamental rights (both the ECHR and the EU Charter) on private law. The nature of each source of law and its significance for and influence on the general part of national private law is discussed. Particular attention is devoted to the review of national private law legislation in the light of European legislation that has direct effect, direct and indirect effect of European law on legal relationships between individuals, ex officio application of European law by the national courts, and interpretation issues arising as a result of the interaction between European law and national law. Further, comparisons are drawn between the different sources of law. The book then concludes with a detailed overview of European Directives that are of particular relevance for general private law. European Law and National Private Law provides a concise introduction to the influence of EU law and the ECHR on legal relationships between individuals - a must read for every lawyer.

Eu Law

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Author : PAUL. CRAIG
language : en
Publisher:
Release Date : 2024

Eu Law written by PAUL. CRAIG and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024 with categories.

Individual Rights In Eu Law

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Author : Bjarte Thorson
language : en
Publisher: Springer
Release Date : 2016-06-25

Individual Rights In Eu Law written by Bjarte Thorson and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-06-25 with Law categories.

This book explores the EU law notion of ‘individual rights’. It examines which sorts of rules grant EU legal rights to individuals, how it is decided if a right is conferred, and which individuals may claim the judicial protection of a right. It further discusses the legal implications and consequences of holding an EU legal right with respect to the interpretation and application of EU law in general and to specific remedies such as declaratory remedies, injunctions, restitution and damages. On a more overarching level, the book explores the question of how the idea of EU law rights relates to other fundamental EU law concepts such as the principles of effectiveness and direct effect, and discusses the legal stringency of the EU courts’ ‘rights language’ in light of the overall aim of European integration. It thus contributes to the body of literature that aims to shed new light on the borders of the sui generis legal order that is EU law.

Do The Provisions Of The Eucfr Produce A Horizontal Effect

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Author : Miriam Rehbein
language : en
Publisher: GRIN Verlag
Release Date : 2016-04-15

Do The Provisions Of The Eucfr Produce A Horizontal Effect written by Miriam Rehbein and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-15 with Law categories.

Essay from the year 2015 in the subject Law - European and International Law, Intellectual Properties, Maastricht University (Faculty of Law), course: EU Law Foundations, language: English, abstract: This paper deals with one of the most controversial issues of recent years; the horizontal application of EU fundamental rights. The growing importance of fundamental rights within the European Integration becomes especially noticeable in their increasing textualization. In 1969 the European Court of Justice in Cases showed for the first time sensitivity for Fundamental Rights in the Stauder-Case. One of the most controversial issues of recent years is the horizontal application of EU fun-damental rights. It is questionable whether fundamental rights can have an impact on private law relationships and more precisely, to what extent they are directly applicable in relations between private individuals. This topic is not just of theoretical interest, but also matters in practice. If there is no European or domestic legislation implementing fundamental rights, individuals may have problems to enforce their rights in private relationships unless those rights are directly applicable.

Direct Effect Of European Law And The Regulation Of Dangerous Substances

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Author : Christopher J. M. Smith
language : en
Publisher: Taylor & Francis Group
Release Date : 1995

Direct Effect Of European Law And The Regulation Of Dangerous Substances written by Christopher J. M. Smith and has been published by Taylor & Francis Group this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995 with Law categories.

The doctrine of Direct Effect is an issue of profound importance to all those concerned with or affected by the implementation of European Union directives. The Doctrine of Direct Effect bestows responsibility for the implementation of directives on individual regulators, even if the member state itself has not made full arrangements for implementation. This book considers the doctrine with particular regard to the regulation of the discharge of dangerous substances to the aquatic environment in England and Wales. It contains a detailed analysis of the evolution, applications and implications of Direct Effect. A wide range of cases are studied, allowing the reader to fully realize the scope of this important doctrine.

Understanding Eu Law

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Author : Norbert Reich
language : en
Publisher: Intersentia nv
Release Date : 2003

Understanding Eu Law written by Norbert Reich and has been published by Intersentia nv this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Law categories.

This unique book is not an introduction to European Law. It provides an understanding of methodology, objectives and principles of EU law. It tries to explain its legal peculiarities, particularly with regard to the concept of internal market. It takes as starting point its liberal roots enshrined in the free movement, competition and autonomy provisions, but focuses equally on the development of countervailing principles about citizenship, adequate standards, and governance. It refers selectively to important secondary law, in particular directives, and to leading cases of the European Court of Justice. It is directed at all law scholars, students, practitioners, political scientists, in the old and new Member countries of the EU as well as third countries who want to understand what EU law is all about. It will allow the reader a first orientation, without suffocating him or her in too much detail.