Economics 3366A/B Study Guide - Quiz Guide: Legal Certainty, Silvio Berlusconi, Summary Offence
22 Sep 2020
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Member states are under a positive obligation to implement eu law. Negative obligation to not have policies that could jeopardise the attainment of eu objectives. Individuals have gained more power over the years. Parallelism: principle of state liability is rooted in constitutional traditions common to the member state, recognised in the principle of union liability for breaches of eu law. Result prescribed by the directive should entail the grant of rights to individuals. Should be possible to identify the content of those rights on the basis of directive provisions: must be a causal link between the breach of member state obligations and the loss/damage suffered by the individual. Doesn"t have to be as legally perfect as direct effect. Brasserie/factortame: principle only covers sufficiently serious breaches, test is rewritten: Rule of law infringed must be intended to confer rights on individuals. Breach must be sufficiently serious: direct causal link between breach of member state obligation and damage sustained by individual.
