Sources of EU Law (OCR A-Level Law): Flashcards
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3 sources of EU law
3 sources of EU law
Treaties, Regulations, Directives
Legal status of Treaties in EU law
Legal status of Treaties in EU law
Primary legislation, foundational framework
Do Regulations apply automatically?
Do Regulations apply automatically?
Yes, binding in entirety, no implementation needed
How do Directives work?
How do Directives work?
Set objectives, Member States must implement domestically
What is vertical direct effect?
What is vertical direct effect?
Individual can enforce directive rights against the state
Can directives have horizontal direct effect?
Can directives have horizontal direct effect?
No, cannot create obligations between private parties
Re Tachographs (1979) principle
Re Tachographs (1979) principle
Regulations must be fully and properly applied
Marshall (1986) case established what?
Marshall (1986) case established what?
Vertical direct effect of directives against state bodies
Francovich (1991) remedy
Francovich (1991) remedy
State compensation for losses from non-implementation
Conditions for vertical direct effect
Conditions for vertical direct effect
Clear, precise, unconditional, deadline passed, vs state
