ABSTRACT

Appreciate the difference between direct applicability and direct effect Understand when a Treaty article, regulation and decision have direct effect Understand when a directive has direct effect and be able to apply the criteria to a problem question Know what is meant by the principle of indirect effect and recognise its limitations Understand the criteria for the application of the Francovich principle Realise that the principle of effectiveness demands that national remedies and national procedural rules cannot make the exercise of Community law rights difficult or impossible to pursue and that the principle of equivalence requires that Community law actions cannot be treated less favourably than comparable actions derived from domestic law Understand how the ECJ has developed the principle of supremacy of Community law

DIRECT EFFECT DIRECT EFFECT OF TREATY PROVISIONS Usually, international Treaties are agreements between governments and do not create rights for citizens enforceable before national courts.