Prepare a brief note summarising the arguments for extending horizontal direct effect to directives based on the Advanced ‘Direct Effect: ECJ’s Jurisprudence’, your reading of Faccini Dori and the Craig article.

Preparation

To prepare for this Workshop you should

1. View and complete the Tutorial ‘Introduction to EU Law’ to assist you in your understanding of the importance of EU Law

2. View and complete Stages 1-4 of the Tutorial ‘Institutions and Sources of EU Law’ to assist you in your understanding of EU institutions

3. Work through the text and activities in the EU Law Manual

• Unit 1 Sub-unit 1
• Unit 1 Sub-unit 2, and
• Unit 1 Sub-unit 3 up to the end of para 2.1.2,

Note the activities will require you to access the internet

4. Complete the Test and Feedback Exercises entitled Workshop 1: EU Institutions and the Article 267 Procedure

5. Read the following extract from Craig & de Búrca, EU Law: Text, Cases, and Materials (7th edn, OUP 2015), accessible via Law Trove

• Chapter 6.3 ‘Legislative Acts: The Ordinary Legislative Procedure’, and Chapter 6.4 ‘Legislative Acts: Special Legislative Procedure’

6. Prepare detailed answers to the Preparatory Activities attached to this Workshop Guide

7. Ensure that you are confident that you will be able to answer an unseen problem question on

– the criteria for deciding whether a body is a ‘court or tribunal’ within the
meaning of Article 267 TFEU;

– the CILFIT criteria; and

– the distinction between courts of permissive and mandatory jurisdiction.

Materials required for the Workshop

Preparation

To prepare for this Workshop you should

1. View the remainder of the Tutorial ‘Institutions and Sources of EU Law’, Stages
1-4 having been viewed for Workshop 1
2. View Tutorial ‘Direct Effect: ECJ’s Jurisprudence’
3. View the Tutorial ‘Critical Analysis of Indirect Effect’ either to prepare for workshop 2 or for consolidation
4. Work through the text and activities in the EU Law Manual, Unit 1, Sub-unit 3.

Note: the activities will require you to access the internet

6. Prepare a detailed answer to the Preparatory Activity attached to this Workshop Guide

7. Find Case C-91/92 Dori (Faccini) v Recreb Srl [1994] ECR I-3325, [1995] 1 CMLR 665, [1995] All ER (EC) 1. You may find the case via LexisLibrary, Westlaw or EUR-Lex. Read the ECJ’s ruling in on whether horizontal direct effect should be extended to directives (paras [19]-[30])

8. Read the following article:

• Paul Craig, ‘The legal effect of Directives: policy, rules and exceptions’ (2009) 34(3) EL Rev 349.

9. Prepare a brief note summarising the arguments for extending horizontal direct effect to directives based on the Advanced ‘Direct Effect: ECJ’s Jurisprudence’, your reading of Faccini Dori and the Craig article.

Focus in particular on the following points:

• Equality before the law – covered in the Tutorial
• Uniformity of EU Law – covered in the Tutorial
• Legitimate expectations – covered in the Tutorial
• The textual argument – covered in the Craig article
• Legal certainty – covered in the Craig article
• The distinction between directives and regulations – covered in the Craig Article Analyse how Qualifications 1, 2, 5 and 6 affect the textual and legal certainty Arguments.

(1000words)

Last Completed Projects