11EU Law Responsibilities and Remedies Quiz

A situation where a Member State fails to comply with its obligations under EU law.

The principle that EU law must be able to produce real results and be effective in practice.

A legal remedy that allows individuals to enforce their rights under EU law, even if the law itself can't be directly applied in national courts.

A system where Member States are responsible for enforcing EU law within their own jurisdictions.

A way of interpreting national laws to ensure they are compatible with EU law, even if the national law itself doesn't directly mention EU law.

This principle requires Member States to act in a way that supports the achievement of EU objectives and avoids undermining EU law.

Member States must compensate individuals for losses caused by their failure to correctly implement or apply EU law. This is necessary to ensure the effectiveness of EU law.

This legal principle establishes that Member States are liable for losses caused by their failure to implement EU law.

The idea that the EU legal framework recognizes individual rights and gives them a role in its functioning.

This principle is based on the idea that Member States must take steps to address the negative consequences of breaking EU law.

The principle that EU law takes precedence over national laws when there's a conflict, always and in every case.

When a national court refuses to apply a national law because it is incompatible with EU law.

An approach where Member States are responsible for enforcing EU law within their own jurisdictions.

A legal doctrine where a Member State is held liable for damages caused because of its failure to comply with its obligations under EU law.

A system where individuals can use national courts to enforce their rights under EU law.

EU provisions without direct effect create a right to compensation when a Member State fails to implement the directive, causing harm to individuals. This right to compensation is not an alternative to the right the directive intended to confer but a separate and independent right.

EU provisions with direct effect create a right to compensation when a Member State violates the provision, causing damage to individuals. This right is a direct consequence of the direct effect of the EU provision that was breached.

Member States are liable for violations of EU law regardless of the body responsible for the action or omission. This liability can extend to national legislatures, courts, and even public officials making official statements.

Member States' courts of last instance that issue judgments that cannot be appealed are also subject to State liability for EU Law violations.

State liability for EU law violations has been recognized for actions of various national bodies, including tax authorities, pension funds, and local authorities.

Official statements by public officials that are likely to be perceived as official positions of the state can also lead to state liability for EU law violations.

State liability for EU law violations extends to the Member States' actions or omissions that prevent individuals from enjoying the rights intended to be conferred by EU law.

The right to compensation for harm caused by EU law violations is a necessary consequence of the direct effect of EU law. This right ensures that individuals can seek redress when their rights are breached.

It is a principle that states that a state's obligation, in upholding EU law, should be the same regardless of whether that law originates from the EU or the state itself. It prohibits unequal treatment regarding EU and national laws.

A serious violation of EU law that will trigger a state's liability, meaning that the state must compensate individuals for any damage they suffered. It is a condition for a state to be held liable for a violation of EU law.

To establish a state's liability, it must be proven that the violation of EU law directly caused the damage suffered by the individual. The effect must be directly linked to the violation.

This means that the violation of the EU law must have been intended to protect individuals' rights. It ensures that liability is only triggered for violations that affect directly individuals.

EU law is the supreme law that overrides national law. This means that even if a state has a less restrictive legal regime in its national law, the more restrictive requirements of EU law will always apply.

It's a principle that prevents states from being held liable for violations of EU law simply because of their intentional or negligent actions. The responsibility for upholding EU law rests on the state itself, not on the individual actions of officials.

The idea that all EU provisions that have direct effect necessarily confer rights on individuals. It means individuals can directly invoke EU law in their national courts.

A principle where not all violations of EU law by Member States automatically lead to compensation for individuals. This principle considers the seriousness of the violation and the discretion enjoyed by the Member State.

A general principle of EU law that establishes when a violation of EU law by a Member State can be considered sufficiently serious to trigger compensation for individuals who have suffered losses.

The key factor in determining whether a violation of EU law is sufficiently serious is the discretion enjoyed by the Member State in implementing or applying the law. More discretion means a more difficult case for proving serious and manifest violations.

If a Member State has no discretion in implementing or applying EU law, any breach is automatically considered a serious and manifest violation, triggering potential compensation for affected individuals. This applies to clear-cut obligations with no room for interpretation.

The legislature (i.e., the EU law-makers) needs to establish that a violation was both "serious and manifest" to compensate individuals for the harm caused. This involves a high threshold for proving the violation's gravity and clarity.

The judicial power (i.e., the courts) needs to establish a "manifest violation" to compensate individuals harmed by a Member State's breach of EU law. This focuses on the clear and undeniable nature of the violation.

The more discretion a Member State has in implementing or applying EU law, the harder it is to demonstrate a "serious and manifest" violation. Conversely, a lack of discretion means the violation is automatically deemed serious. This principle emphasizes the importance of having clear and specific obligations.