Eu - Direct Effect: Structure

16 Questions  I  By Chriscullen
Using Shaun's mind-maps! Here is my quiz on Direct Effect. It will be of more benefit to you if you have read the Shazia case before doing this, and have it in front of you. . .

  
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Question Excerpt

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1.  When should Direct Effect be considered in the exam?
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2.  Simmenthal II establishes...
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3.  Articles of a directive are capable of having direct effect. According to...?
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4.  The cumulative criteria must be satisfied for the articles to have direct effect and give freestanding rights. Van Gend en Loos sets out this criteria, choose the relevant parts of this criteria.
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5.  The Van Gend en Loos criteria is a question of interpretation of EU law... So the national court will probably have to make an Article 267 reference to ensure the uniformity of interpretation across all the member states; and with the EU operating 23 different official languages it could translate differently across the countries. A national court may not need to make a reference if the __________ exceptions apply... Missing word..?
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6.  What are the CILFIT exceptions (para 16 - 21)?
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7.  Here we should mention the consequences on the court if the fail to make the Article 267 reference...
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8.  So failing to make an article 267 reference can open the floodgates to Francovich claims... According to which case?
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9.  Direct Effect only applies vertically, which two cases tell us this?
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10.  The case study may include a decision by the UK Supreme Court or a court higher than the court of first instance for the claim whose decision is contrary to the vertical direct effect rule - I.E. stating that the company in question is not anything to do with the state so can't be covered by direct effect... Does this mean the Direct Effect claim ends here?
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B.
11.  So the supremacy principle means that the national court must ignore the state decision and make an article 267 reference if necessary to clarify whether the company is an Emanation of the State and there is vertical direct effect or not... According to which case?
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12.  This is probably a good opportunity for you to write an answer based on the Shazia case study using the structure above... Really simple, just look use and pad it out into a paragraph... It isn't marked because I couldn't possibly mark it so won't effect your score on the quiz... But probably good practice for the exam!
13.  The company the claim is against must be an "Emanation of the State." There is a 2 part alternative test to defining whether a company is an Emanation of the State or not... Which of the below are the three criteria?
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14.  FOSTER v BRITISH GAS (PARA 18) defines an Emanation of the State as a body either; a) under a sufficient degree of state control; OR b) which has special powers. Which of the following CJEU CASES confirm this to be the definition?
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15.  Unfortunately, the UK Courts see (Para 20) of FOSTER v BRITISH GAS as the definition of an emanation of the state; when actually - we know this is the CJEU applying British Gas to the definition of an emanation of the state. Which 2 of these cases have used the WRONG (3 stage cumulative) test?
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16.  The courts can still come to the correct conclusion by using the incorrect 3 stage test, as was the case in Griffin. But the courts have taken a more relaxed approach, stipulating that if the body carries out a Traditional State Function (like a school........) then only two of the three criteria need be satisfied. If it is for commercial activities however, it must still fulfil the three part cumulative test. According to which case?
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B.
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D.
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