This document discusses how the Court of Justice of the European Union has over the years adopted and used the Direct effect, Indirect effect and State liability principles to make the EU Laws more effective, both in terms of interpretation and application, especially with regards to EU Directives.
The Court of Justice of the European Union (CJEU) whose composition and functions were enunciated in Section 5 of the Treaty on the Functioning of the European Union (TFEU) 2008, was established in 1952, with the aim of interpreting the Laws of the European Union, making sure that the application of these laws are uniform and consistent in all EU countries. The CJEU also “settles legal disputes between national governments and EU institutions.” The CJEU is divided into two courts. It gives rulings on cases brought before it and in doing so, it is required to give preliminary rulings in its capacity to interpret the laws (among other capacities) "to ensure EU law is properly applied, but courts in different countries might interpret it differently. If a national court is in doubt about the interpretation or validity of an EU law, it can ask the Court for clarification. The same mechanism can be used to determine whether a national law or practice is compatible with EU law."
Table of Contents
- 1.0 INTRODUCTION
- 1.1 ABOUT THE COURT OF JUSTICE OF THE EUROPEAN UNION
- 1.2 PRIVATE INDIVIDUALS
- 2.0 PRIMARY AND SECONDARY EU LAWS
- 3.0 THE DIRECT EFFECT PRINCIPLE
- 3.1 VERTICAL AND HORIZONTAL DIRECT EFFECTS
- 4.0 THE INDIRECT EFFECT PRINCIPLE
- 5.0 PRINCIPLE OF MEMBER STATE LIABILITY
- 6.0 CONCLUSION
Objectives and Key Themes
This paper aims to explain the development of various interpretations of EU law and their significance, particularly for individual claimants. It explores how EU law is applied and enforced, focusing on the role of the Court of Justice of the European Union (CJEU).
- The role of the CJEU in interpreting and enforcing EU law.
- The principles of direct and indirect effect of EU law.
- The principle of Member State liability for breaches of EU law.
- The rights of private individuals under EU law.
- The distinction between primary and secondary EU law.
Chapter Summaries
1.0 INTRODUCTION: This introductory chapter sets the stage by explaining that EU law is largely applied and enforced by national authorities within the Member States. It highlights the paper's objective: to elucidate the evolution of EU law interpretation and its importance for individual claimants. The chapter introduces the decentralized nature of EU law enforcement and the need for understanding its varied interpretations.
2.0 PRIMARY AND SECONDARY EU LAWS: This chapter distinguishes between primary and secondary EU law. Primary law consists of the treaties, the foundational agreements between EU member countries, outlining objectives, institutional rules, decision-making processes, and the EU-member relationship. Secondary law stems from the principles and objectives of the treaties and comprises regulations, directives, decisions, recommendations, and opinions. The chapter emphasizes that both primary and secondary EU laws are relevant to private individuals seeking redress.
3.0 THE DIRECT EFFECT PRINCIPLE: This chapter delves into the principle of direct effect, explaining that while applicable to all binding EU law, it presents the most challenges regarding directives and international agreements. It defines direct effect as the capacity of a norm to be invoked by individuals in national courts. The chapter highlights the CJEU's establishment of this principle in cases like Van Gend en Loos v. Nederlandse Administratie der Belastingen (1963) and Flaminio Costa v ENEL (1964), establishing the ability of individuals and companies to rely on EU law before national courts and public bodies, similar to national law.
4.0 THE INDIRECT EFFECT PRINCIPLE: (Note: The provided text does not contain information on the indirect effect principle. A summary cannot be provided for this chapter.)
5.0 PRINCIPLE OF MEMBER STATE LIABILITY: (Note: The provided text does not contain information on the principle of Member State Liability. A summary cannot be provided for this chapter.)
Keywords
European Union law, direct effect, indirect effect, state liability, Court of Justice of the European Union (CJEU), primary law, secondary law, private individuals, legal persons, treaties, regulations, directives, Van Gend en Loos, Flaminio Costa v ENEL.
Frequently Asked Questions: A Comprehensive Language Preview of EU Law
What is the purpose of this document?
This document provides a comprehensive preview of a paper exploring the application and enforcement of European Union (EU) law, specifically focusing on its impact on private individuals. It includes a table of contents, objectives and key themes, chapter summaries, and keywords.
What topics are covered in this paper?
The paper covers the following key areas: the role of the Court of Justice of the European Union (CJEU) in interpreting and enforcing EU law; the principles of direct and indirect effect of EU law; the principle of Member State liability for breaches of EU law; the rights of private individuals under EU law; and the distinction between primary and secondary EU law.
What is the difference between primary and secondary EU law?
Primary EU law consists of the treaties—the foundational agreements between EU member countries—which outline objectives, institutional rules, decision-making processes, and the EU-member relationship. Secondary EU law stems from the principles and objectives of the treaties and comprises regulations, directives, decisions, recommendations, and opinions. Both types of law are relevant to private individuals seeking redress.
What is the principle of direct effect?
The principle of direct effect means that a provision of EU law can be invoked by individuals in national courts. This principle was established by the CJEU in cases like Van Gend en Loos v. Nederlandse Administratie der Belastingen (1963) and Flaminio Costa v ENEL (1964). It allows individuals and companies to rely on EU law before national courts and public bodies, similar to national law. While applicable to all binding EU law, it presents the most challenges regarding directives and international agreements.
What is the role of the Court of Justice of the European Union (CJEU)?
The CJEU plays a crucial role in interpreting and enforcing EU law. Its decisions shape the understanding and application of EU law within the Member States, impacting how national courts and authorities handle cases involving EU law.
What are the rights of private individuals under EU law?
Private individuals have the right to rely on EU law before national courts and public bodies to seek redress for breaches of EU law. This is enabled by principles like direct effect and, potentially, indirect effect and Member State liability.
What is the principle of indirect effect (as addressed in the preview)?
The provided text does not contain information on the indirect effect principle. Therefore, a summary cannot be provided.
What is the principle of Member State liability (as addressed in the preview)?
The provided text does not contain information on the principle of Member State liability. Therefore, a summary cannot be provided.
What are the key words associated with this paper?
Key words include: European Union law, direct effect, indirect effect, state liability, Court of Justice of the European Union (CJEU), primary law, secondary law, private individuals, legal persons, treaties, regulations, directives, Van Gend en Loos, Flaminio Costa v ENEL.
- Quote paper
- Ogochukwu C. Nweke (Author), 2020, Laws of the European Union. Direct Effect, Indirect Effect and State Liability, Munich, GRIN Verlag, https://www.grin.com/document/981475
