EU Law: Regulations, Directives, and the Charter
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Questions and Answers

What EU law concept is employed in the case to review the national rules on custody?

  • Vertical direct effect
  • Horizontal direct effect
  • Indirect review (correct)
  • Direct applicability
  • What does the Court rely on to limit the effects of the Charter in the case?

  • Article 50
  • Article 54
  • Article 51 (correct)
  • Article 31(2)
  • How does the Charter relate to Directives in terms of imposing duties on individuals?

  • Directives have vertical direct effect
  • Directives impose duties on individuals and can be invoked against a private party
  • Directives do not impose duties on individuals and cannot be invoked against a private party (correct)
  • Directives have horizontal direct effect
  • How does the Charter balance the respect for Member States' competencies and the protection of individual rights?

    <p>The Charter seeks to respect the letter and the spirit of Article 51 and balance the need to respect Member States' competencies with the need to protect individual rights</p> Signup and view all the answers

    What EU law principle allows Treaty provisions to have an effect against a private party?

    <p>Horizontal direct effect</p> Signup and view all the answers

    What is the difference between a Regulation and a Directive in terms of their application?

    <p>A Regulation is directly applicable and a Directive is not</p> Signup and view all the answers

    What is the primary reason the Court has limited the possibility to invoke the Charter horizontally?

    <p>Because the hierarchy of norms prioritizes secondary legislation</p> Signup and view all the answers

    In age discrimination cases, what has been found applicable in the absence of horizontal direct effect of the framework discrimination directive?

    <p>Both the general principle of non-discrimination on grounds of age and Article 21 Charter</p> Signup and view all the answers

    What is the term used to describe the Court's approach to applying Directives through the Charter?

    <p>De facto application</p> Signup and view all the answers

    Which Article of the Charter is relevant in the context of non-discrimination on grounds of age?

    <p>Article 21</p> Signup and view all the answers

    What is the distinction between a Regulation and a Directive?

    <p>A Regulation is directly applicable, while a Directive requires implementation</p> Signup and view all the answers

    In which case did the Court's ruling deviate from its usual approach to invoking the Charter horizontally?

    <p>Mangold</p> Signup and view all the answers

    What is the key difference between Regulations and Directives in terms of their application to individuals?

    <p>Regulations have horizontal direct effect, while Directives do not.</p> Signup and view all the answers

    In what circumstance can the Charter be invoked against an individual according to the Court's ruling?

    <p>When a Directive details rights also contained in the Charter.</p> Signup and view all the answers

    What is the main issue with Directives in terms of their horizontal direct effect?

    <p>They are not capable of having horizontal direct effect.</p> Signup and view all the answers

    What right is provided for in Article 31(2) of the Charter?

    <p>Right to maximum working periods, rest and paid holiday.</p> Signup and view all the answers

    In the Max-Planck and Bauer cases, what was the Court's ruling regarding the application of the Charter?

    <p>The Charter was capable of applying in full, even if the Directive could not be invoked against a private party.</p> Signup and view all the answers

    What is the significance of the working time directive in the Max-Planck and Bauer cases?

    <p>It set the limits for the application of the Charter.</p> Signup and view all the answers

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