Exam 10: Bringing Rights Home: Legal Method and Convention Rights

'If a Directive has vertical direct effect, it means that the individual can rely on it as against another individual of equal legal standing. If it has horizontal direct effect, then it can be relied upon against the State, or an organ or body of the State.'

Which of the following apply to direct applicability (select all that apply)?

Match each EU institution with the description of its functions. -The Council.

'The case of Van Gend en Loos established that individual rights enforceable in domestic courts were created where EU legislation creates clear but conditional obligations on Member States. This is the principle of direct effect.'

Which of the following is not part of the jurisdiction of the CJEU?

Match each type of European legislation with its definition. -A Regulation.

Match each EU institution with the description of its functions. -The Parliament.

Complete the following: a reference to the CJEU must be made by a national court under Article 267 TFEU if…

Match each type of European legislation with its definition. -A Decision.

Complete the following: the case of CILFIT Srl v Ministero della Sanità…

'The concept of indirect effect established by the case of Von Colson allows domestic courts to adopt a purposive interpretation of Directives by reading the purpose of the Directive into national legislation. This effectively sidesteps the need for a Directive to have direct effect before an individual can rely on it. The concept is complicated and it is still debatable whether, if domestic case law is deemed clear and unambiguous, domestic courts should go against national law and comply with EU law.'

Which of the following constitutes a correct summary of the role of the CJEU in Article 267 TFEU proceedings?

'The Court of Justice of the European Union is essentially a court of reference. Its role is to ensure that European law is interpreted and applied uniformly in the Member States and, in this capacity, it decides domestic disputes when asked to do so by a national court.'

Match each EU institution with the description of its functions. -The Commission.

Match each type of European legislation with its definition. -A Directive.

Match each EU institution with the description of its functions. -The Court of Justice.

Which of the following is not part of proceedings under Article 267 TFEU?