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Erstellt von Robin Pearce
vor etwa 9 Jahre
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Where does EU supremacy come from?
Example of where supremacy is implied int he treaty?
Case which established that EU treaties are directly effective?
Effect of Costa v Enel
Effect of Handelsgesellschaft
Effect of Factortame II
Which UK Act incorporates EU law?
Section of the european Communities Act which incorporates EU Law?
Difference between Directly Applicable and Direct Effect?
Which EU provisions are directly applicable?
Why aren't Directives directly applicable?
Good definition of 'direct effect'?
Where did Direct Effect come from?
What are the Van Gend en Loos requirements for a Treaty Article to have direct effect?
What is the difference between vertical and horizontal direct effect?
Vertical direct effect was established in which case?
Horizontal direct effect was established in which case?
Because it is super important lets repeat the two cases where vertical and horizontal direct effect were establish!!
Van Gend and Defreenes establish vert and horiz direct effect for treaties. What case extended this to Regulations?
Which case established the principle that Directives can have Vertical (not horizontal) direct effect?
Conditions for a directive to have vertical direct effect?
Can directives have horizontal direct effect?
Case which confirms directives cannot have horizontal direct effect?
Why might it seem unfair that directives cannot have horizontal direct effect?
Case to help establish if the body is a public body/emanation of the state
What are the 3 tests for a public body?
Case which confirmed the test in Foster v British Gas was not a conclusive list?
Good definition of Indirect Effect?
What is the purpose of Indirect Effectiveness?
What was the case that established Indirect Effectiveness?
Why is indirect effect important?
Case which established limits to the courts ability to interpret?
Case where scope of Indirect effect was widened to include interpreting legislation not intended to give effect to a directive?
What is state Liability?
Which case established the criteria for state liability?
What are the Francovich Criteria for state liability?
The forth test of state liability was added by which cases?
What was the fourth test of state liability added by Factortame III and Brasserie du Pecherie?
What does 'sufficiently serious' mean in relation to Factortame III and Brasserie du Pecherie?
Which case helps us decide if the state has 'manifestly and gravely disregarded the limits on its powers?
What was the guidance from 'British Telecom' to help decide if the state has acted manifestly and gravely?
Which case states that 'non-implimentation' is sufficiently serious in its own right?