PART 2 chap 2: Direct Applicability vs Direct Effect

<p>When the directive confers rights on individuals.</p> Signup and view all the answers

<p>Direct effect is when a directive confers rights on individuals, while indirect effect is when a directive does not confer rights on individuals.</p> Signup and view all the answers

<p>The Member State is not liable for damages, but must still transpose the directive.</p> Signup and view all the answers

<p>It allows them to ask a national court to interpret national law in line with EU law.</p> Signup and view all the answers

<p>All of the above.</p> Signup and view all the answers

<p>One refers to the application of EU law in Member States and the other to its enforcement in national courts</p> Signup and view all the answers

<p>EU regulations</p> Signup and view all the answers

<p>It must be clear, precise, and unconditional</p> Signup and view all the answers

<p>To instruct Member States to pass national legislation</p> Signup and view all the answers

<p>A EU directive on environmental impact assessments</p> Signup and view all the answers

<p>It becomes instantly applicable in all Member States</p> Signup and view all the answers

<p>Because they need national legislation to be enacted</p> Signup and view all the answers

<p>It allows individuals to rely on EU law in national courts</p> Signup and view all the answers

<p>To establish a procedure for environmental impact assessment</p> Signup and view all the answers

<p>The time limit for implementation has expired</p> Signup and view all the answers

<p>Vertical direct effect is against Member States, horizontal is against individuals</p> Signup and view all the answers

<p>The individual can seek compensation from the Member State</p> Signup and view all the answers

<p>The EU Court of Justice recognized the right to compensation for individuals</p> Signup and view all the answers

<p>If the directive is imperative and sufficiently clear and precise</p> Signup and view all the answers

<p>To guarantee employees a minimum level of protection in case of bankruptcy</p> Signup and view all the answers

<p>The individual can seek compensation from the Member State</p> Signup and view all the answers

<p>The individual must show a causal link between the breach and the loss and damage suffered</p> Signup and view all the answers

<p>It recognized the right to compensation for individuals against Member States</p> Signup and view all the answers

<p>The main purpose of the procedure is to ensure that the environmental impact of a project is assessed and that the public and affected Member States are informed and consulted.</p> Signup and view all the answers

<p>The directive must have provisions that are sufficiently clear, precise, and unconditional, and the time limit for implementation by Member States must have expired.</p> Signup and view all the answers

<p>The Francovich case established the principle that an individual can seek compensation from a Member State that has failed to transpose a directive into national law, if the provisions of the directive are imperative and confer rights on individuals.</p> Signup and view all the answers

<p>An individual can seek compensation if the provisions of the directive are imperative and sufficiently clear, the directive confers rights on individuals, and there is a causal link between the breach of the obligation to transpose and the loss suffered.</p> Signup and view all the answers

<p>Vertical direct effect means that an individual can use EU legislation against a Member State, while horizontal direct effect means that an individual can use EU legislation against another individual.</p> Signup and view all the answers

<p>The purpose of the directive is to ensure that the environmental impact of projects is assessed and that the public and affected Member States are informed and consulted.</p> Signup and view all the answers

<p>No, an individual can only invoke the provisions of a directive against a Member State, not against another individual.</p> Signup and view all the answers

<p>The individual can seek compensation from the Member State if the provisions of the directive are imperative and confer rights on individuals, and there is a causal link between the breach and the loss suffered.</p> Signup and view all the answers

<p>The EU Court of Justice plays a crucial role in interpreting EU law and ensuring that Member States comply with EU provisions.</p> Signup and view all the answers

<p>No, an individual cannot rely on a directive that has not been transposed into national law until the time limit for implementation has expired.</p> Signup and view all the answers

<p>Direct applicability refers to whether an EU law needs national legislation to make it law in a Member State, whereas direct effect refers to whether individuals can rely on EU law in domestic courts.</p> Signup and view all the answers

<p>EU Treaties and EU regulations are directly applicable.</p> Signup and view all the answers

<p>EU directives need national legislation to make them into law in a Member State.</p> Signup and view all the answers

<p>A provision must be clear, precise, unconditional, and not give Member States substantial discretion in its application.</p> Signup and view all the answers

<p>The directive applies to a wide range of defined public and private projects.</p> Signup and view all the answers

<p>It instantly becomes applicable in all Member States.</p> Signup and view all the answers

<p>National courts can enforce EU law if it has direct effect.</p> Signup and view all the answers

<p>It is an example of an EU directive that requires national implementation to be enforced.</p> Signup and view all the answers

<p>The individual may suffer loss and damage, and the State may be liable to pay an indemnity.</p> Signup and view all the answers

<p>When the directive has not been transposed or has been transposed inadequately, and the individual seeks compensation before a national court.</p> Signup and view all the answers

<p>Individuals cannot invoke them, but Member State authorities are required to take account of the non-transposed directive.</p> Signup and view all the answers

<p>To allow national courts to interpret national law in line with EU law, even when a directive has not been transposed or has been transposed inadequately.</p> Signup and view all the answers

<p>There is no requirement, as indirect effect can apply even when a directive is not imperative and sufficiently clear and precise, and does not confer rights on individuals.</p> Signup and view all the answers

<p>Disputes between private entities, such as an individual or association seeking compensation from a company that has not respected an EU directive.</p> Signup and view all the answers

<p>Direct effect refers to the ability of individuals to invoke EU law directly before national courts, while indirect effect requires national courts to interpret national law in line with EU law.</p> Signup and view all the answers

<p>It established that a Member State can be liable for damages when it fails to transpose a directive that confers rights on individuals.</p> Signup and view all the answers