Term
|
Definition
the provisions of EU legislation can be used by national courts in interpreting the meaning and scope of national legislation |
|
|
Term
VON COLSON & KAMANN V LAND NORDHEIN-WESTFALEN |
|
Definition
(Vertical) ESTABLISHED THE PRINCIPLE OF INDIRECT EFFECT CJ RULED ON THE BASIS OF ART 10 EC, THAT NATIONAL COURTS AS A PART OF THE STATE ARE REQUIRED TO INTERPRET DOMESTIC IMPLEMENTING LAWS IN ACCORDANCE WITH THE WORDING&PURPOSE OF THE DIRECTIVE THEY WERE MADE TO IMPLEMENTS IN SO FAR AS IT IS GIVEN DISCRETION TO DO SO UNDER NATIONAL LAW THE CASE CONCERNED 'IMPLEMENTING' LEGISLATION, HOWEVER... CJ SUGGESTED THAT THE INDIRECT EFFECT PRINCIPLE COULD ALSO BE USED FOR NON-IMPLEMENTING LEGISLATION (TBC) VERTICAL CLAIM Case concerned an incorrectly implemented directive |
|
|
Term
|
Definition
INTRODUCED INDIRECT EFFECT - VERTICAL CLAIM - IMPLEMENTING LEGISLATION |
|
|
Term
|
Definition
Confirmed that directives could have indirect effect in horizontal actions |
|
|
Term
Litster v Forth Dry Dock and Engineering Co Ltd [1990] |
|
Definition
(Horizontal) (insufficient implementing legislation) UK courts = cautious in their application of Von Colson principle UK court made clear in this case that they would only depart from the literal meaning of legislation if the legislation had been created to implement the directive, and was clearly not designed to limit the directive's operation THEREFORE, UK AT THIS POINT = ONLY FOR IMPLEMENTING LEGISLATION |
|
|
Term
Pickstone v Freemans plc [1989] |
|
Definition
(UK)(Horizontal)(INSUFFICIENT IMPLEMENTING LEGISLATION) HOL made it clear that it will only depart from an unambiguous meaning of a statute, if the statute was designed to implement a directive. |
|
|
Term
Marleasing SA v La Commercial International |
|
Definition
(Horizontal) (Spain) (TOTAL NON-IMPLEMENTED DIRECTIVE) Non-implementing legislation has to be given indirect effect CJ removed the discretion w.r.t how far is 'as far as possible', and forced total conformity (CJ has since back-tracked from this forcefulness) CJ ruled that spanish court had to interpret NON-implementing legislation 'as far as possible' in accordance with an un-implemented directive CJ also required that the Spanish law was interpreted in accordance with the directive - therefore, 'as far as possible' = in accordance (no discretion) |
|
|
Term
|
Definition
Confirmed that even in the case of total non-implementation of a directive, indirect effect could still be used |
|
|
Term
High water mark w.r.t removing total discretion from national courts in deciding the extent to which they are able to interpret domestic law in accordance with EU law, where the domestic law itself inadequately gives effect to the EU law |
|
Definition
Marleasing = high-water mark for what? |
|
|
Term
Wagner Miret v Fondo di Garantia Salarial |
|
Definition
CJ stepped back from the implication in Marleasing that national courts have no discretion in deciding how far is 'as far as possible' CJ made clear that determining how far is 'as far as possible' is a matter for national courts to determine |
|
|
Term
Steiner and Woods (textbook) on Wagner Miret |
|
Definition
Miret = a 'tacit acknowledgement by the CJ that there are limits to how far national courts will be prepared to go in applying the principle of indirect effect. |
|
|
Term
Which case = the retreat from Marleasing? |
|
Definition
|
|
Term
Webb v EMO Air Cargo No.1 [1992] |
|
Definition
(UK) (HOL) (non-implementing legislation) HOL conceeded to interpreting non-implementing legislation in accordance with EU law, HOWEVER, only so far as it is susceptible to such an interpretation |
|
|
Term
Described the UK's approach to indirect effect... |
|
Definition
Earlier cases of Pickstone [1989] & Litster [1990] = only willing to apply it to implementing legislation Webb [1995] = willing to apply indirect effect to no-implementing legislation, but only so far as it is susceptible to such an interpretation |
|
|
Term
Evobus Austria v Niederosterreichischer |
|
Definition
CJ confirmed Miret - National courts are NOT required to distort the meaning of legislation, nor are they required to interpret contra legum Consistent with it's decision in Wagner Miret, CJ confirms that it accepts that there are limitations to the interpretive obligation placed on national courts by the Von Colson principle |
|
|
Term
|
Definition
The state CANNOT rely on indirect effect in order to bring criminal proceedings - Why?? Because of the principles of legal certainty and non-retroactivity |
|
|
Term
Is indirect effect only applicable to directives? |
|
Definition
No - despite the case law being mostly focused on directives. CJ has even recognised that even recommendations and opinions can influence the interpretive obligation on the courts |
|
|
Term
Justification for indirect effect |
|
Definition
Because the national courts are part of the state, they are required (as much as the legislators) to give effect to EU legislation - Art 10 EC |
|
|
Term
What is the relevant bit of EU legislation which provides the foundation for indirect effect? |
|
Definition
|
|
Term
|
Definition
... the member States shall take any appropriate measure, general or particular, to ensure fulfillment of the obligations arising out of the Treaties or resulting from the acts of the institutions of the Union. |
|
|
Term
Grimaldi v Fonds des Maladies Professionelles [1989] |
|
Definition
Indirect effect given to a recommendation Indirect effect is NOT only applicable to directives Indirect effect can be used with any type of EU legislation |
|
|