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Enforcement of EU Law
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- čas přidán 2. 08. 2024
- When it comes to enforcement the starting point is the principle of effectiveness of EU law which is guaranteed by Art. 19(2) TEU and is also contained in Art. 47 of the Charter of Fundamental Rights. However it is not the EU itself that specifies principles but instead this is something that is left up to the Member States.
National legal systems decide how rights under EU law are to be protected (Rewe-Zentralfinanz [1976]) and there is no obligation for them to come up with new remedies (Rewe-Handelsgesellschaft Nord [1981]; Unibet Ltd v Justitiekanslern [2007]) although we have seen that change over the years with decisions like the one in Francovich.
National autonomy in this area is still central but has been eroded over the years by a number of other principles that have been developed by the ECJ. Equivalence tells us that remedies and procedures that are normally available in respect of national law should also be available in respect of EU law. Meanwhile practical possibility notes that national rules and procedures should not make the enforcement of EU law practically impossible (Barra v Belgium [1988]).
Proportionality is a general principles of EU law but in this context means that any sanctions etc. should not be disproportionate to the offence (Sagulo, Brenca and Bakhouce [1977]). Adequacy is also important and supplements the idea of effectiveness. In Von Colson it was noted that “compensation must…be adequate in relation to the damage sustained”. This also applies in other areas as seen by the case of Heylens [1987].
The principle of effectiveness is also something that itself has been strengthened by the CJEU over the years by cases such as Factortame I [1990] (interim relief); Dekker [1990]; Emmott [1991]; Marshall II [1993] (statutory limits).
In the late 90s this push was reversed to some extent by decisions like Steenhorst-Neerings [1993] and ex parte Eunice Sutton [1997].
Overall the approach of the CJEU is dependent on the right that is being enforced and the remedy that is being sought. Unfortunately this also creates some uncertainty and puts pressure on national courts to tread the line between enforcing national procedures and giving effect to rights under EU law.
You are the only reason why I passed EU law this year. Thanks mate I appreciate it 😭
Happy to see you back my saviour
Good to see you back. Your work really help and inspires me in my study
Thank you so much 😍😍 Your lectures are so good for hitting the key points but keeping it precise not to confuse students! They are so clear and easy to understand! Thank you so much 😊 #bestteacher
You helped me pass my exams, many thanks. Legend
Great to hear!
Ooo hope you stay back you have been gone a while . Love your videos they have really helped me through everything at uni feel like I owe more to you than them 😂. Amazing work
With that videos I began to be interested in a subject... However, my course has already passed... But my tutors really suck.. Marcus rocks!
Welcome back!
this is really going to help with my research project
Marcus cleaver.... You little rock star. Now how did you know I am doing EU law exams this week? And had you under the duvet all night. Ps I was a perfect gentleman. Great tutorials by the way. Thank you for this. And all your help. Over the years. Ps loving the Covid hairdo dude.
Good luck in the exams!!
@@marcuscleaver Thanks Marcus. Do you have any links that condense the principles of Subsidiarity , Proportionality , legal certainty and non retro-activity. With no access to the library here for months I am limited to my own core text books which really do not invest at nay real depth in these topics. I feel they are too relevant in the context of EU evolution not to include in answers. our online library is having a technical hiccup also this week! Any help? or even significant cases i can research solo?
@@tadhgkilcummins hmm nothing in particular comes to mind but I'll have a think. I mostly rely on textbooks myself!
Hi, I love your videos they have been so helpful. Could you make some videos on the Brussels Recast Regulation.
Your videos ae really helpful, do you have any videos linked to Qualified majority voting?
Thank you for the lecture! Very helpful and easy to follow.
If I am not mistaken, it is for the national judges to check whether there has been compliance from the national courts with the principle of effectiveness and equivalence, but wouldnt that undermine the whole importance//transparancy of such EU principles?
Omg your hair!! 😂😂 Love it
you are such a g
Love the Corona hair ! don't cut it you look great
lol thanks!! xD
Love the hair
Is somebody with Uk spouse visa is an exempt person due to enforceable EU rights? Thanks
Hello Marcus, can I know the reason as to why the EU is not being considered as a state? If it is possible could you make a video on supremacy of EU law as well