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European Union Law

Sources of European Union law and direct effect

  • 6 things to know
  • Component 2

Overview

Recall questions on treaties, regulations and directives as sources of EU law, direct effect from Van Gend en Loos, vertical and horizontal direct effect, indirect effect, and the Francovich principle on state liability for failing to implement a directive.

What you need to know

Answer each one before you reveal it.

Your recallNot started
Numbers

What is the key distinction between EU regulations and EU directives?

Key term

What kinds of direct effect do EU regulations and directives have?

Key term

Why can an individual not rely on an unimplemented directive against a private employer, and how might indirect effect help?

Key term

What flexibility do member states have when implementing EU directives?

Numbers

Which case established the principle of direct effect in EU law?

Key term

Can EU directives have horizontal direct effect?

Questions from this subtopic

Each one with the model answer underneath.

  1. 1

    What happens when an EU regulation comes into force regarding national implementation?

    Model answer

    It automatically becomes law in all member states without any need for national implementing legislation.

  2. 2

    What flexibility do member states have when implementing EU directives?

    Model answer

    Member states can choose the form and methods of implementation, provided they achieve the objectives set out in the directive.

  3. 3

    Why might a directive not be enforceable in a member state even after the implementation deadline has passed?

    Model answer

    Because directives require transposition into national law; if a member state fails to transpose the directive, it may not be directly enforceable (except through vertical direct effect).

  4. 4

    Which case established the principle of direct effect in EU law?

    Model answer

    Van Gend en Loos (1963).

  5. 5

    Define vertical direct effect.

    Model answer

    Vertical direct effect allows individuals to invoke EU law against the state or state emanations.

  6. 6

    What is horizontal direct effect?

    Model answer

    Horizontal direct effect allows individuals to invoke EU law against other private individuals or entities.

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