The 'interrelationship' is a broad idea, but they both attempt to achieve harmonisation. As you probably understand, the principles seem to work at two levels by their black letter; direct effect is part of a comprehensive scheme in enforcing EU law in national courts - Van Gend en Loos, whilst indirect effect ensures that national courts interpret national laws in line with EU law. This is at a basic level, and many decision such as Mangold and Foster will demonstrate that this line is no longer clear cut (especially with regards to indirect effect).
I would form most of my criticisms based on the more recent case law that has tried to bend the subsidiarity principle, and extend the reach and effect of EU law.
I would form most of my criticisms based on the more recent case law that has tried to bend the subsidiarity principle, and extend the reach and effect of EU law.
Original post by VitaminB12
The 'interrelationship' is a broad idea, but they both attempt to achieve harmonisation. As you probably understand, the principles seem to work at two levels by their black letter; direct effect is part of a comprehensive scheme in enforcing EU law in national courts - Van Gend en Loos, whilst indirect effect ensures that national courts interpret national laws in line with EU law. This is at a basic level, and many decision such as Mangold and Foster will demonstrate that this line is no longer clear cut (especially with regards to indirect effect).
I would form most of my criticisms based on the more recent case law that has tried to bend the subsidiarity principle, and extend the reach and effect of EU law.
I would form most of my criticisms based on the more recent case law that has tried to bend the subsidiarity principle, and extend the reach and effect of EU law.
Thanks for that!
Really helped
Hi i have an assignment due really soon and im stuck!
Here it is...
the question is about a directive that was adopted by the EU and had an implementation deadline... between the date of adopting the directive and the deadline, a woman was in a situation where the directive would have applied however the UK had not implemented it yet....
(directive is - consumers who have purchased goods and services through mail order outlets in an member state shall have the right to withdraw unilaterally from the contract within 15 days of the date of placing the order by giving notice in writing to the supplier. Within 7 days of recieving such a notice, the supplier shall make a full refund of the contract price to the consumer, subject to the deduction of a reasonable amount in order to cover any costs incurred by the supplier for carriage and administration'
So what does that mean!?.. i talk about direct effect but in the case of Ratti, it states that if implementation deadline date has not passed, it cannot have direct effect. and the deadline has not passed here!
what about indirect or state liability? anything else that needs to be mentioned?
2) Also, theres another question saying that the UK wants to base a legal claim against the validity of the Directive, how would they do this? on what grounds?...
PLEASE PLEASE help if you can!!
Here it is...
the question is about a directive that was adopted by the EU and had an implementation deadline... between the date of adopting the directive and the deadline, a woman was in a situation where the directive would have applied however the UK had not implemented it yet....
(directive is - consumers who have purchased goods and services through mail order outlets in an member state shall have the right to withdraw unilaterally from the contract within 15 days of the date of placing the order by giving notice in writing to the supplier. Within 7 days of recieving such a notice, the supplier shall make a full refund of the contract price to the consumer, subject to the deduction of a reasonable amount in order to cover any costs incurred by the supplier for carriage and administration'
So what does that mean!?.. i talk about direct effect but in the case of Ratti, it states that if implementation deadline date has not passed, it cannot have direct effect. and the deadline has not passed here!
what about indirect or state liability? anything else that needs to be mentioned?
2) Also, theres another question saying that the UK wants to base a legal claim against the validity of the Directive, how would they do this? on what grounds?...
PLEASE PLEASE help if you can!!
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