C/L/98. European Union Law: Direct effect, Preliminary rulings and Judicial Review

This paper comprises three problem questions (scenarios) dealing with constitutional law of the European Union. The first question looks at whether private individuals can enforce rights granted under an unimplemented directive, through the principle of direct effect, and whether compensation is available from the government under Francovich. The second question examines whether a tribunal has an obligation to refer a question on the interpretation of a directive under Article 234 to the European Court of Justice. The third question concerns the grounds on which member states, the European Central Bank and private individuals can seek judicial review of a regulation under Article 230.