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11 Cards in this Set
- Front
- Back
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Indirect effect |
Refers to the obligation on MS to interpret national law consistently with EU law but only as far as is possible It is applicable to all national legislation |
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What measures can have indirect effect |
Treaty articles, regulations and decisions though it is more likely to be relied upon directly. Recommendations and opinions (Grimaldi) Directives |
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Indirect effect and directives |
May be used when it is not sufficiently clear enough to be directly effective. Applicable once the deadline has passed Non-retroactive and cannot impose criminal liability. |
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Interpretation |
Must be consistent with EU law as far as is possible, where this cannot be done the national courts are under a duty to refuse to apply the conflicting national legislation. |
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Remedies |
This obligation is expressed in Article 19(1) TEU and Article 47 of the Charter of Fundamental Rights of the European Union. |
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Circumstances a remedy may be awarded |
1) an EU measure is directly effective and has been breached 2) national law has been interpreted with an indirectly effective EU measure and has been breached 3) a MS has breached its obligations under EU law |
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Actions against the EU itself |
Must be brought in the EU courts Remedies include damages or annulment |
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Actions in national courts |
Procedure and remedies are governed by national law |
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Principles governing the award of remedies |
1) Equivalence 2) Effectiveness |
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Equivalence |
Non-discrimination Remedies must not discriminate between those awarded for EU law and an equivalent national law |
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Effectiveness |
A remedy mustn't be virtually impossible or excessively difficult to obtain New remedies do not need to be created to be effective. Once liability has arisen no further substantive conditions are to be imposed before the award of a remedy |
