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?

EU Law

Identify the issue: eg does question relate to non-implementation or faulty implementation of a directive by a Member State?

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.

Explain whether the question involves implementing or non-implementing