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Direct Effect
In European Union law, direct effect is the principle that Union law may, if appropriately framed, confer rights on individuals which the courts of member states of the European Union are bound to recognise and enforce. Direct effect is not explicitly stated in any of the EU Treaties. The principle of direct effect was first established by the Court of Justice of the European Union (CJEU) in ''Van Gend en Loos v. Nederlandse Administratie der Belastingen''.(Case 26/62); 963ECR 1; 970CMLR 1 Direct effect has subsequently been loosened in its application to treaty articles and the ECJ has expanded the principle, holding that it is capable of applying to virtually all of the possible forms of EU legislation, the most important of which are regulations, and in certain circumstances to directives. The ECJ first articulated the doctrine of direct effect in the case of ''Van Gend en Loos'', the European Court of Justice laid down the criteria (commonly referred to as the "Van Gend cr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
European Union Law
European Union law is a system of rules operating within the member states of the European Union (EU). Since the founding of the European Coal and Steel Community following World War II, the EU has developed the aim to "promote peace, its values and the well-being of its peoples". The EU has political institutions, social and economic policies, which transcend nation states for the purpose of cooperation and human development. According to its Court of Justice the EU represents "a new legal order of international law".''Van Gend en Loos v Nederlandse Administratie der Belastingen'' (1963Case 26/62/ref> The EU's legal foundations are the Treaty on European Union and the Treaty on the Functioning of the European Union, currently unanimously agreed on by the governments of 27 member states. New members may join if they agree to follow the rules of the union, and existing states may leave according to their "own constitutional requirements".TEart 50 On the most sophisticated discu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Treaty Establishing The European Community
The Treaty of Rome, or EEC Treaty (officially the Treaty establishing the European Economic Community), brought about the creation of the European Economic Community (EEC), the best known of the European Communities (EC). The treaty was signed on 25 March 1957 by Belgium, France, Italy, Luxembourg, the Netherlands and West Germany, and it came into force on 1 January 1958. Originally the "Treaty establishing the European Economic Community", and now continuing under the name "Treaty on the Functioning of the European Union", it remains one of the two most important treaties in what is now the European Union (EU). The treaty proposed the progressive reduction of customs duties and the establishment of a customs union. It proposed to create a single market for goods, labour, services, and capital across member states. It also proposed the creation of a Common Agriculture Policy, a Common Transport Policy and a European Social Fund and established the European Commission. The ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Self-executing Right
Self-executing rights in international human rights law are formulated in such a way that one can deduce that it was the purpose to create international laws that citizens can invoke directly in their national courts. Self-executing rights, or directly applicable rights, are rights that from the viewpoint of international law do not require transformation into national law. The rights are binding as such and judges can apply the international law as if it were national law. From the viewpoint of national law, it may be required that all international law be incorporated into national law before becoming valid. This depends on the national legal tradition. To decide whether or not a rule is self-executing, one must only look at the rule in question, and national traditions do not count. A rule that says that states should guarantee freedom of expression Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pubblico Ministero V Ratti
''Pubblico Ministero v Ratti'' (1979Case 148/78is an EU law case, concerning the conflict of law between a national legal system and European Union law. Facts Mr Tullio Ratti claimed that he should not have to comply with a stricter Italian law that required him to label his solvents, on the ground that it conflicted with two Directives. Mr Ratti sold solvents and varnishes, some of which were imported from Germany that complied with two Directives. Directive 73/173 (adopted 4 June 1973, to be implemented 8 December 1974) and Directive 77/728 (adopted 7 November 1977, to be implemented 9 November 1979) required solvents and varnishes to be packaged and labelled specially. Mr Ratti complied with the Directives, but an Italian law of 1963 was stricter in some respects. Mr Ratti was prosecuted for failure to comply with the Italian law. Directive 73/173 was already meant to have been implemented, but Directive 77/728 was not yet required to be implemented: Italy had not changed the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Francovich V Italy
''Francovich v Italy'' (1991) C-6/90 was a decision of the European Court of Justice which established that European Union Member States could be liable to pay compensation to individuals who suffered a loss by reason of the Member State's failure to transpose an EU directive into national law. This principle is sometimes known as the principle of state liability or "the rule in ''Francovich''" in European Union law.UK LegislationEuropean Union (Withdrawal) Act 2018 Schedule 1 accessed 8 July 2018 Facts Under the Insolvency Protection Directive 80/987 (now 2008/94/EC) EU Member States were expected to enact provisions in their national law to provide for a minimum level of insurance for employees who had wages unpaid if their employers went insolvent. Mr Francovich, who had worked in Vicenza for CDN Elettronica SnC, was owed 6 million Lira, and Mrs Bonifaci and 33 of her colleagues were owed 253 million Lira together after their company, Gaia Confezioni Srl, had gone bankr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Von Colson V Land Nordrhein-Westfalen
''Von Colson v Land Nordrhein-Westfalen'' (1984Case 14/83is an EU law case, concerning the conflict of law between a national legal system and European Union law. Facts Sabine Von Colson and Elisabeth Kamann were German social workers who applied to work in men's prisons run by the State of North Rhine-Westphalia. Both were rejected on the basis they were women. Von Colson and Kamann appealed the decision at the Arbeitsgericht (Labour Tribunal). Under European Communities law, the Equal Treatment Directive (76/207/EEC) required member states to give effect to principle of equal treatment and obliged them to provide a legal remedy. The claimants argued that they had a directly effective right to demand that the court order the employer to appoint her. Instead of this or compensation, they were awarded only "reliance losses" as a remedy, equivalent to the travel costs incurred by going to the interview (7.20 DM). Judgment Lack of precision in the directive prevented it from ha ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Foster V British Gas Plc
''Foster v British Gas plc'' (1990C-188/89is a leading EU law concerning the definition of the "state", for the purpose of determining which organisations in the private or public sector can be regarded as an organ of the state. The ECJ held a state is any manifestation or organisation under control of a central government. In a previous case, ''Chandler v Director of Public Prosecutions'', 964AC 763 (HL Lord Reid held a state is synonymous with an 'organised community', and according to Lord Devlin it meant 'the organs of government of a national community'. Facts Mrs Foster was required to retire from her job at British Gas when she was 60 years old, while men could continue until they were 65. British Gas was a nationalised industry at the time (before being privatised under the Gas Act 1986), and she and four other women claimed this was unlawful discrimination on grounds of sex, contrary to the Equal Treatment Directive (then 76/207/EEC, and now recast in 2006/54/EC). Becau ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Marshall V Southampton Health Authority
''Marshall v Southampton and South West Hampshire Area Health Authority '' (1986Case 152/84is an EU law case, concerning the conflict of law between a national legal system and European Union law. Facts Helen Marshall, a senior dietitian, claimed that her dismissal on grounds of being old violated the Equal Treatment Directive 1976. She was an employee of an Area Health Authority (or "AHA"), a body established by the UK government under the National Health Service Act 1977, as amended by the Health Services Act 1980. Marshall was dismissed after 14 years on 31 March 1980, approximately four weeks after attaining the age of 62, despite her expressing a willingness to continue in employment until the age of 65 (4 February 1983). The sole reason for her dismissal was that she had passed 'the retirement age'; the AHA's policy was to make women compulsorily retire at 60, but men at 65. Section 27 (1) and 28 (1) of the Social Security Act 1975 provided state pensions were to be grant ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Van Duyn V Home Office
''Van Duyn v Home Office'' (1974) C-41/74 was a case of the European Court of Justice concerning the free movement of workers between member states. Facts Van Duyn, a Dutch national, claimed the British Government, through the Home Secretary, infringed TFEU article 45(3) (then TEEC art 48(3)) by denying her an entry permit to work at the Church of Scientology. The Free Movement of Workers Directive 64/221/EC article 3(1) also set out that a public policy provision had to be 'based exclusively on the personal conduct of the individual concerned'. The UK had not done anything to expressly implement this element of the Directive. The government had believed Scientology to be harmful to mental health, and discouraged it but did not make it illegal. She sued, citing the Treaty of Rome and Community law, arguing that the Directive should apply to bind the UK. She was not being refused because of 'personal conduct'. Pennycuick VC referred the case to the European Court of Justice. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
European Union Decision
In European Union law, a decision is a legal instrument which is binding upon those individuals to which it is addressed.Per Article 288 of the Treaty on the Functioning of the European Union (formerly Article 249 TEC). They are one of three kinds of legal instruments which may be effected under EU law which can have legally binding effects on individuals. Decisions may be addressed to member states or individuals. The Council of the European Union can delegate power to make decisions to the European Commission. The legislative procedure for the adoption of a decision varies depending on its subject matter. The ordinary legislative procedure (formerly known as the Codecision procedure) requires the agreement of and allows amendments by both the European Parliament and the Council of the European Union. The Assent procedure requires the agreement of both Parliament and Council, but the Parliament can only agree or disagree to the text as a whole - it cannot propose amendments. The ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Regulation (European Union)
A regulation is a legal act of the European Union that becomes immediately enforceable as law in all member states simultaneously. Regulations can be distinguished from directives which, at least in principle, need to be transposed into national law. Regulations can be adopted by means of a variety of legislative procedures depending on their subject matter. Description The description of regulations can be found in Article 288 of the Treaty on the Functioning of the European Union (formerly Article 249 TEC). Article 288 To exercise the Union's competences, the institutions shall adopt regulations, directives, decisions, recommendations and opinions. A regulation shall have general application. It shall be binding in its entirety and directly applicable in all Member States. A directive shall be binding, as to the result to be achieved, upon each Member State to which it is addressed, but shall leave to the national authorities the choice of form and methods. A decision ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
