Chapter 8 Self-test questions

What does 'direct effects' mean?

EU law is automatically part of national law.

The judicial enforcement of rights arising from provisions of EU law, which can be upheld in favour of individuals in the courts of the member States.

EU law can be directly applied by the member States.

The ability to take a case directly before the European Court of Justice.

Provided that certain criteria are satisfied, an EU law provision will give rise to a right that is enforceable by individuals in the national courts.

True

False

To which of the following can direct effects can be applied?

Treaty Articles only.

Regulations only.

All forms of EU law.

Directives only.

The leading case of ___ ____ __ ____ was the case in which the European Court of Justice first introduced direct effects.

In Case C-152/84 Marshall, the European Court of Justice held that Directives could be enforced horizontally by one individual against another.

True

False

Emanations of the State against which direct effects are available were those bodies that are which of the following?

Part of the central government.

Maintained with State money.

Public service providers under the control of the State and which, for that purpose, are granted special powers.

Completely unconnected with the private sector.

'Indirect effects' is the principle that, further to ex Art. 10 EC (now 4(3) TEU), requires all authorities of member States, including the courts, to interpret national law in such a way as to ensure the obligations of a Directive are obeyed.

True

False

'Incidental horizontal effects' means that Directives can be enforced between individuals.

True

False

The principle of 'State liability' means which of the following?

Member States are liable to implement all EU law.

Member States must pay fines to the Commission for breaches of EU law.

Member States are liable to be taken by individuals before the European Court of Justice for breaches of EU law.

Member States should make good any damage caused to individuals that was the consequence of a breach of EU law.

In order for liability to arise on the part of the member State, there must have been a sufficiently serious breach of a superior rule of law designed for the protection of individuals.

True

False

The 'autonomy of national procedural law' means which of the following?

National procedural law must create new rules for EU law rights.

It is up to each member State to determine the procedural conditions governing court actions even if involving EU law.

National procedural law must be repealed.

National procedural law can never apply to EU law.

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