Laws of the European Union. Direct Effect, Indirect Effect and State Liability - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Laws of the European Union. Direct Effect, Indirect Effect and State Liability write by Ogochukwu C. Nweke. This book was released on 2021-01-28. Laws of the European Union. Direct Effect, Indirect Effect and State Liability available in PDF, EPUB and Kindle. Essay from the year 2020 in the subject Law - European and International Law, Intellectual Properties, , language: English, abstract: 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."
EU Law. Direct and Indirect Effect
EU Law. Direct and Indirect Effect - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook EU Law. Direct and Indirect Effect write by Carolina Gerwin. This book was released on 2019-12-07. EU Law. Direct and Indirect Effect available in PDF, EPUB and Kindle. Essay from the year 2019 in the subject Politics - International Politics - Topic: European Union, grade: 71, University College London, language: English, abstract: This essay argues that while the concept of indirect effect of EU Law is important for safeguarding individual's rights due to its several beneficial characteristics, recent case law indicates that the principle of horizontal direct effect becomes more important. The essay starts by focusing on the direct effect of primary EU law, particularly Treaty Articles, before discussing the principle regarding secondary sources, especially directives. After that, strategies developed by the CJEU to neutralise the impact of the rule that directives do not have horizontal direct effect are debated, leading to the conclusion that indirect effect becomes less important.
State Liability for Breaches of European Law
State Liability for Breaches of European Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook State Liability for Breaches of European Law write by Bert Van Roosebeke. This book was released on 2007-11-10. State Liability for Breaches of European Law available in PDF, EPUB and Kindle. Bert Van Roosebeke analyses non-contractual state liability in the European Union. He explains differences in member states’ breaching behaviour and presents the state liability doctrine as developed by the European Court of Justice in a number of cases. He shows that compliance is the true economic aim of state liability legislation and presents a comparative analysis of the effectiveness of both private and public law enforcement mechanisms. He finally formulates improvements to the rules of state liability.
The ECJ and Direct Effect. From the Treaty of Rome over Van Gend en Loos to Francovich
The ECJ and Direct Effect. From the Treaty of Rome over Van Gend en Loos to Francovich - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The ECJ and Direct Effect. From the Treaty of Rome over Van Gend en Loos to Francovich write by Paul Unglaub. This book was released on 2016-07-04. The ECJ and Direct Effect. From the Treaty of Rome over Van Gend en Loos to Francovich available in PDF, EPUB and Kindle. Essay from the year 2015 in the subject Law - European and International Law, Intellectual Properties, grade: 1,45, Edinburgh Napier University (European Law), course: European Law, language: English, abstract: Firstly, this essay will provide some general information regarding the development of the EU. In this context the concept of supremacy will briefly be overviewed, as it is closely related to the doctrine of direct effect. Subsequently, a definition of both direct effect and direct applicability will be administered. Furthermore, the relationship between direct effect and the various Community measures will be examined, focusing then on Directives for reasons which will be explained afterwards. Afterwards, the issues concerning vertical and horizontal direct effect in respect of Directives will be investigated. Finally, the essay will illustrate why and in which cases the doctrines of indirect effect and state liability become applicable. The paper will then conclude by answering the question, referring to the previous remarks, why the European Court of Justice (henceforth, ECJ) introduced the concept of direct effect. The Treaty that established the European Economic Community (EEC) was the Treaty of Rome. It became effective on the 1st of January 1958. This moment can be regarded as a milestone in the development of the European Union. The treaty had not only the objective to prevent the outbreak of a further war between France and Germany but also to bring the Member States of western Europe together in a closer Union by extending the European integration to include general economic cooperation. Over the years, the Member States joined various treaties creating the juridical and political framework, in order to make the Community capable of cooperating on a broad range of matters. The EU organs – such as the Commission, Council, Parliament and the Court – were constituted. In different shape and occurrence, all of the above stated organs are entitled to announce measures (Regulations, Directives and Decisions) which would be targeted to the Member States. In the aftermath of this development two main questions arose. Namely, by what tool would such a measure be exercised towards the Member State(s)? The second and closely linked question was which law would prevail in the not unlikely situation of a dispute between the national law of a Member State and the European rule?
The Right to Damages in European Law
The Right to Damages in European Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Right to Damages in European Law write by Andrea Biondi. This book was released on 2009-01-01. The Right to Damages in European Law available in PDF, EPUB and Kindle. This is the first book to present an in-depth discussion of the right of individuals to receive damages in European law. Analyzing relevant ECJ cases, the authors detail the substantive and procedural criteria that need to be satisfied in order for an individual to succeed in a claim for damages against Community institutions under Article 288 EC or against a defaulting Member State under the court-created Francovich principle.
