EU Law: Regulations, Directives, and the Charter

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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?

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 Signup and view all the answers

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

Horizontal direct effect Signup and view all the answers

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

A Regulation is directly applicable and a Directive is not Signup and view all the answers

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

Because the hierarchy of norms prioritizes secondary legislation 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?

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

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

De facto application Signup and view all the answers

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

Article 21 Signup and view all the answers

What is the distinction between a Regulation and a Directive?

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

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

Mangold Signup and view all the answers

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

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

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

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

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

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

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

Right to maximum working periods, rest and paid holiday. 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?

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

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

It set the limits for the application of the Charter. Signup and view all the answers