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Question: “The Court of Justice of the European Union (CJEU) developed in the doctrine of direct effect to ensure that individuals could rely on EU legal rights and that Member States would comply with their obligations under EU law. But by attempting to extend direct effect to Directives the CJEU has created confusion and complexity.”

Critically comment on this statement in the light of your understanding of relevant case law of the CJEU.

Answer: The doctrine of direct effect allows individuals to enforce their EU rights and obligations directly before their national court. The doctrine clearly applies to treaties and provisions however there is an element of confusion and complexity when looking at directives. Directives are instructions to member states on how to create or amend their national law. The case of Van Gend and Loss shows direct effect can be applied to directives providing they are unconditional, clear and precise. In this case a two-part test was set out for individuals in order to use direct effect. These are that the specific EU provision must provide the member state and individual with certain rights and obligations and such rights and obligations must be able to be enforced by the national court. The main area ......(short extract)

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Details: - Mark: Not available | Course: European Union Law | Year: 1st | Words: 1315 | References: No | Date written: Not available | Date submitted: May 28, 2019 | Coursework ID: 1063

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