49931
Description
Mind Map by grantcat69, updated more than 1 year ago
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Created by grantcat69
over 11 years ago
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Directives & Direct Effect
- Article 288
- directives are binding
- directives are binding
- not directly applicable
- do not automatically become law
- MS chooses how to implement law
- MS chooses how to implement law
- do not automatically become law
- van Gend en Loos test
- precise, clear, unconditional & create rights
- they are conditional so fail Van Gend test
- precise, clear, unconditional & create rights
- Vertical effect
- directive can never be horizontial direct effect
- directive can never be horizontial direct effect
- severely limited
- van Duyn v Home Office
- free movement of workers
- Art 45
- Directive 64
- Art 45
- free movement of workers
- Marshall v Southhampton & SW Hampshire
- different retirement ages
- Art 267
- Art 267
- "emanation of the state"
- provides public service; under state control & has special powers
- provides public service; under state control & has special powers
- different retirement ages
- Foster v British Gas
- similar to Marshall
- emanation of the state
- ECJ - "Subject to the authority or control of the state"
- similar to Marshall
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