PART 2 chap 2: Direct Applicability vs Direct Effect

Direct Applicability vs Direct Effect

• Direct applicability refers to whether an EU law needs national parliament's enactment to become law in a Member State.
• EU Treaties and regulations are directly applicable, while directives and decisions are not.
• Directly applicable laws become law in all Member States without additional national legislation.

Direct Effect

• Direct effect refers to whether individuals can rely on EU law in domestic courts.
• A provision of EU law has direct effect if it is clear, precise, unconditional, and does not give Member States substantial discretion.
• There are two types of direct effect: vertical (individual vs. Member State) and horizontal (individual vs. individual).

Environment Impact Assessment Directive

• The Environment Impact Assessment Directive (EIA) has been considered by the EU Court of Justice to have provisions clear, precise, and unconditional, allowing private entities to bring actions against projects with significant environmental impact.

Direct Effect of Directives and Decisions

• Directives and decisions generally have vertical direct effect, allowing individuals to use EU legislation against a Member State.
• EU Treaty provisions and regulations are capable of both vertical and horizontal direct effect.

Time Limit for Implementation

• For a directive to have direct effect, the time limit for implementation by Member States must have expired.
• If the time limit has elapsed and the directive has not been transposed into national law, an individual can seek compensation from the Member State.

Francovich Case

• The Francovich case established that an individual can seek compensation from a Member State that fails to transpose a directive, even if the directive has not been transposed into national law.
• The individual must demonstrate a causal link between the breach of the obligation to transpose the directive and the loss and damage suffered.

Indirect Effect

• Indirect effect is a principle of EU law, where national courts interpret national law in line with EU law provisions.
• This principle applies even if the directive is not imperative, clear, and precise, or does not confer rights on individuals.
• Individuals can request national courts to interpret national law in the light of the wording and purpose of the directive.

Direct Applicability vs Direct Effect

• Direct applicability refers to whether an EU law needs national parliament's enactment to become law in a Member State.
• EU Treaties and regulations are directly applicable, while directives and decisions are not.
• Directly applicable laws become law in all Member States without additional national legislation.

Direct Effect

• Direct effect refers to whether individuals can rely on EU law in domestic courts.
• A provision of EU law has direct effect if it is clear, precise, unconditional, and does not give Member States substantial discretion.
• There are two types of direct effect: vertical (individual vs. Member State) and horizontal (individual vs. individual).

Environment Impact Assessment Directive

• The Environment Impact Assessment Directive (EIA) has been considered by the EU Court of Justice to have provisions clear, precise, and unconditional, allowing private entities to bring actions against projects with significant environmental impact.

Direct Effect of Directives and Decisions

• Directives and decisions generally have vertical direct effect, allowing individuals to use EU legislation against a Member State.
• EU Treaty provisions and regulations are capable of both vertical and horizontal direct effect.

Time Limit for Implementation

• For a directive to have direct effect, the time limit for implementation by Member States must have expired.
• If the time limit has elapsed and the directive has not been transposed into national law, an individual can seek compensation from the Member State.

Francovich Case

• The Francovich case established that an individual can seek compensation from a Member State that fails to transpose a directive, even if the directive has not been transposed into national law.
• The individual must demonstrate a causal link between the breach of the obligation to transpose the directive and the loss and damage suffered.

Indirect Effect

• Indirect effect is a principle of EU law, where national courts interpret national law in line with EU law provisions.
• This principle applies even if the directive is not imperative, clear, and precise, or does not confer rights on individuals.
• Individuals can request national courts to interpret national law in the light of the wording and purpose of the directive.