Andes Legal Consulting Ltd

This Practice Note provides an overview of the Charter of Fundamental Rights of the European Union, where it comes from, how it was interpreted before the Treaty of Lisbon and, most importantly, how it is applied following the entry into force of the Treaty. In addition it explains and contrasts the Council of Europe’s Convention on Human Rights (ECHR), the rulings of its Court (ECtHR) and how they interact with the EU as a whole, particularly with EU case law. It also makes reference to the situation of the UK with regard to the application of the Charter and the scope for divergence between UK and EU law in this area post-Brexit.

This Practice Note examines the doctrine of direct effect of EU law and illustrates with reference to EU case law the requirements established for it to apply. Both direct and indirect effect are considered, with case law examples, and the definition of ‘emanation from the State’ is also explored. This Practice Note also provides a visual aid to simplify the cases where direct effect can arise.

This Practice Note explains the requirements and limits of the doctrine of indirect effect, or consistent interpretation of national law with EU law, which EU Member States’ courts are obliged to apply should their national legal orders permit. The evolution of the doctrine at EU level is presented from a chronological viewpoint.

This Practice Note is a snapshot on the NEC Directive 2001/81/EC which sets national upper limits for the total emissions in 2010, and thereafter, of the four pollutants responsible for acidification, eutrophication and ground-level ozone pollution (sulphur dioxide, nitrogen oxides, volatile organic compounds and ammonia).

This Practice Note provides an introduction to basic EU legal concepts and gives tips and tools to understand and apply EU law in practice. It covers general principles in overview, delineation of competences, types of EU law and compliance obligations.

This Practice Note outlines the main environmental legislation for persistent organic pollutants (POPs), such as the Persistent Organic Pollutant Regulations 2007, SI 2007/3106 and Regulation (EU) 2019/1021 (Recast POPs Regulation). It also includes the process for derogations and Brexit impact.

This Practice Note provides a summary of the Renewable Energy Directive 2009/28/EC (RED or RED I) on the promotion of the use of energy from renewable sources. It covers the purpose, scope, and key provisions of the Directive, as well as details of the implementing legislation in England and Wales. RED I was recast by Directive (EU) 2018/2001 (RED II), and was repealed with effect from 1 July 2021. This Practice Note has been archived following this repeal, and is not maintained.