Law 5110 Study Guide - Quiz Guide: Legal Certainty, European Court Of Human Rights, Sucker Free
Document Summary
Direct and indirect effects of emanation of the state. Vertical d. e: treaty articles that impose obligations should extend to individuals [defrenne, directives only concern ms and so should only have vertical direct effect. [marshall, faccini dori: the lack of horizontal direct effect with directives is what distinguishes them between regulations [ratti, regulations confer rights on individuals. Inequalities arise with the public and private sectors in states as a result of this. Issue of inequality between public and private sector: no need to satisfy all 3 criteria. No legal certainty & national courts cannot make new laws: why it"s called harmonious interpretation, avoids conflict between eu law and national law, achieves goal of directive. Incidental direct effect: individuals can bring other individuals before a court on the basis of a directive so long as it does not impose obligations on any of the parties [cia. National procedural autonomy: procedural conditions governing actions under eu law role of national courts.
