Term 1 Definition 1

An individual has the right to enforce EU

law in national courts. First articulated in
Van Gend en Loos in 1963. Member States
objected saying it contradicted the
intentions of those who created the Treaty.
Direct Effect Definition ECJ disagreed. By participating in the EU,
Member States have voluntarily submitted
themselves to community law, conferring
upon their citizens certain rights and
obligations which may be invoked in
national courts.

Term 2 Definition 2

Individual seeks to enforce EU law against

Vertical Direct Effect
the state

Term 3 Definition 3

Individual seeks to enforce EU law against a

Horizontal Direct Effect
private party
 Term 4 Definition 4

Subject to direct effect theory if provision is

"self-executing". Article must be "clear,
Treaty Articles negative, unconditional, containing no
reservation on the part of the Member
State." Vertical and horizontal direct effect.

Term 5 Definition 5

Regulations are "binding in their entirety"

and are "directly applicable in all Member
States." Regulations immediately become a
Regulations part of domestic law. Regulations are
subject to vertical and horizontal direct
effect as long as they are sufficiently clear,
precise, and relevant.

Term 6 Definition 6

Not directed to all Member States and are

binding only as to the ends to be achieved
Directives and not as to the means by which to
achieve them. Vertical direct effect but not
horizontal direct effect.
 Term 7 Definition 7

Harmonious interpretation principle.

Encourages the effectiveness of directives
and requires national law to be interpreted
Indirect effect
in light of directives. This includes
directives which have not yet been
implemented by Member States.

Term 8 Definition 8

According to Marshall, public authority

Public Authority
includes "organs of the state."

Term 9 Definition 9

National courts are required to "disapply"

domestic legislation when it is in conflict
Supremacy Doctrine
with EU law. This does not mean to
invalidate - simply refuse to enforce.
 Term 10 Definition 10

Extends indirect effect to unimplemented

directives, requiring that national law be
Marleasing Case
interpreted in the light of an uninterpreted
directive.

Term 11 Definition 11

Parliament has the power to do everything

Parliamentary Sovereignty
except bind itself for the future.

Term 12 Definition 12

Made direct effect a part of the UK legal

system, agreeing that treaties are "without
further enactment to be given legal effect"
European Communities Act of 1972
and "shall be reconigzed and available in
law, and be enforced, allowed and followed
accordingly."
 Term 13 Definition 13

If there are two acts of Parliament which are

in direct conflict with one another, the
courts shall apply the latter Act, and the
Doctrine of Implied Repeal
first Act is repealed. Each future Parliament
is presumed to have the same authority and
power as the present Parliament.

Term 14 Definition 14

Predominant judicial assumption that when

Parliamentary Sovereignty prior to
Factortame
Parliament enacted the European
Communities Act of 1972, it intended any
ambiguity or inconsistency with EU law to
be resolved by giving primacy to EU law. If
Parliament were to expressly depart from
EU law, the courts were to follow the will of
Parliament.

Term 15 Definition 15
"Whatever limitation of its sovereignty
Parliament accepted when it enacted the
European Communities Act of 1972 was
entirely voluntary," and "it has always been
clear that it was the duty of a United
Kingdom court, when delivering final
judgment, to override any rule of national
Factortame Case law found to be in conflict with any directly
enforceable rule of Community law." Shift of
previous line of thinking which gave way to
the supremacy of EU law. Regardless of
Parliament's intent, courts should resovle
direct conflict by disapplying the conflicting
national law. End of theory of implied
repeal.
 Term 16 Definition 16

Does not require the national court to

invalidate conflicting national laws - only to
refuse to apply the conflicting national law.
Simmenthal principle
Guarantees primacy of EU law within the
national courts while still respecting
sovereignty of UK.

Term 17 Definition 17

Requires that the UK's national courts may

Doctrine of Legislative Supremacy not hold an Act of Parliament to be invalid
or unconstitutional.

Term 18 Definition 18

If a conflicting EU measure is repugnant to

a fundamental or constitutional right, EU
law shall not be given overriding effect.
UK Constitutional Override
Constitutional limits have yet to be tested
and not clear where boundary lies. Safety
net.
 Term 19 Definition 19

Germany makes EU law subordinate to

UK contrast with Germany? German constitution but otherwise
welcomes supremacy

Term 20 Definition 20

Describes the gap between the people of

Democratic Deficit
Europe and the European Union

Term 21 Definition 21

It has created the concept of the European

What is the EU doing to fight direct effect?
citizen
 Term 22 Definition 22

Article 20 TFEU. Every person holding the

nationality of a Member State shall be a
citizen of the Union. Dual Citizenship in
EU Citizenship
addition to, not a replacement of, national
citizenship. Article 20 confers certain rights
upon individuals.

Term 23 Definition 23

1. Requirement of a relationship between

the citizen and the state, meaning that the
citizen is given certain rights and
responsibilities.
Three Essential Elements of Citizenship
2. All citizens must be given equality of
political respect - consistency. Same rights
and responsibilities.

3. Exclusionary principle.

Term 24 Definition 24

Second-class citizens? No. See the three elements of citizenship.

 Term 25 Definition 25

EU needs to merge these two concepts to

be successful. It has created citizenship to
attempt to create a sense of nationalism.
Problems: individuals must change the way
Nationalism vs. citizenship?
they see other people from dif nations in
EU. Dual citizenship creates an inherent
conflict. Which national sentiment is
greater?

Term 26 Definition 26

Retained by Lisbon Treaty. Distinguishes

between the existence of competence and
Subsidiarity Principle the use of such competence, the latter
being determined by subsidiarity and
proportionality.

Term 27 Definition 27

Three key elements:

1. Subsidiarity principle only applies in

areas which do not fall within EU's
exclusive competence

2. Union shall act only if and insofar as the

Article 5(3) TEU
objectives of the proposed action cannot be
sufficiently achieved by the Member States

3) Objectives of the proposed action can, by

reason of the scale or effects of the
proposed action, be better achieved at the
Union level
 Term 28 Definition 28

Prevent EU from encroaching on

Purpose of subsidiarity principle
sovereignty

Term 29 Definition 29

"The Member States shall exercise their

competence to the extent that the Union has
not exercised its competence," and "the
Article 2(2) TFEU Member States shall again exercise their
competence to the extent that the Union has
decided to cease exercisings its
comeptence."

Term 30 Definition 30

1. Clearly define subsidiarity principle.

Intentions of authors of treaty as to the
subsidiarity principle 2. Subsidiarity principle might actually be
enforced.
 Term 31 Definition 31

Commission creates a report and submits

legislation to the states. The states have
eight weeks to object. If one-third objects,
Problems with subsidiarity legal process? then the legislation goes back to the
Commission which has the sole discretion
to decide whether to amend. Problem: lack
of judicial review.

Term 32 Definition 32

Commission's decision can be overridden

by majority of European Parliament votes or
What if commission overreaches? 55% of the Council. Or it may be brought
before the ECJ. Unlikely that it will be
overturned.

Term 33 Definition 33

While the Commission is required to

provide reports containing the reasons for
Germany v. European Parliament its decisions, these reports are not required
to contain express references to the
subsidiarity principle.
 Term 34 Definition 34

Two fronts: (1) ECJ may impose a penalty

payment against the Member State after
How may damages be levied against a
infringement proceedings, and (2)
Member State for breach of EU law?
Individuals may seek damages against the
State for noncompliance with EU law.

Term 35 Definition 35

Four-stage infringement procedure: (1) pre-

contentious stage which gave the Member
State the opportunity to explain itself; (2)
Article 258 TFEU Formal notice with two-month response
period unless urgent; (3) Reasoned opinion
stating grounds; and (4) Referral to the
Court of Justice.

Term 36 Definition 36

Discretionary nature of the proceedings.

Netherlands case - Commission waited five

years to bring infringement proceedings
Flaws with system under 258
Ireland case - Commission gave Ireland only
five days to amend 40-year old legislation
when it was not urgent
 Term 37 Definition 37

Allows Member States to initiate

Article 259 TFEU proceedings against other Member States
for breach of EU law

Term 38 Definition 38

2002. Introduces the penalty payment which

may be imposed against a Member State for
failure to comply with previous enforcement
judgment. Commission no longer required
to issue reasoned opinion before bringing a
Article 260 TFEU
Member State before ECJ for non-
compliance of 258 ruling, and Commission
may issue a lump sum payment to penalize
a state's breach continuing between date of
258 judgment and date of 260 judgment.

Term 39 Definition 39

(1) seriousness of the infringement; (2)

What three criteria does the Commission duration of the infringement; and (3) the
follow when calculating its penalties? need to ensure the penalty itself is a
deterrent to further infringements.
 Term 40 Definition 40

Extended the availability of damages

against Member States by requiring the
creation of a domestic tort which allowed
Francovich v. Italy
individuals to pursue damages claims
against the Member State in national courts
for failure to comply with EU law.

Term 41 Definition 41
Level of damages are weighed by certain
factors, including the clarity and precision
of the rule breached, the measure of
discretion left by that rule to the national or
community authorities, whether the
infringement and the damage caused was
intentional or involuntary, whether any error
Brasserie du Pecheur elements of law was excusable or inexcusable, the
fact that the position taken by a community
institution may have contributed towards
the ommission, and the adoption or
retention of national measures or practices
contrary to community law. Must be
"sufficienty serious" for damages to be
warranted.
Term 42 Definition 42

Restructures the national court system to

avoid appealing to the ECJ for final say on
Francovich matters. Allows the individual to
Kobler Case
take high court opinions back to the lower
courts and assert there was a Francovich
error. Problem with judicial uncertainty.
 Term 43 Definition 43

The monetary penalties work as an

alternative to direct effect. Can be used to
Monetary penalties and direct effect?
enforce directives even when there is no
horizontal direct effect.