Analytical model for answering problem questions on this topic.
Workshop 2 includes a problem question covering direct effect, indirect effect and state
liability. There now follows a model giving guidance on how to approach a problem in
this area. Lawyers in practice would adopt a similar model in advising clients on how
to pursue their rights under EU Law.
Model
1. Identify the issue: eg does question relate to non-implementation or faulty
implementation of a directive by a Member State?
2. State each basic principle in turn, explain what it means, then apply it to the
facts and reach a reasoned conclusion.
(a) Direct effect:
• Define the principle.
• Set out the criteria for the direct effect of directives, see Van Gend and Ratti.
• Apply to the facts: does the directive in question have direct effect?
• Explain that directives have vertical direct effect only.
• Explain the criteria for assessing whether a body is an emanation of the
state.
• Apply to the facts: is the potential defendant an emanation of the state?
• Be sure to reach a conclusion; i.e. state whether you think the directive has
direct effect and whether the defendant is an emanation of the state.
(b) Indirect effect
• Define the principle.
