Oxford BA: Direct Effect & Supremacy Exam Paper

Regulation 2024/123 on Digital Services provides that 'Member States shall ensure all online platforms implement comprehensive age verification systems by 1 January 2025.' The UK has left the EU, but Northern Ireland remains subject to EU law in certain areas under the Protocol. The German Federal Constitutional Court has declared this Regulation incompatible with the German Basic Law's privacy provisions. Meanwhile, Maria, a Spanish citizen, seeks to rely on Article 8 of the Regulation (right to digital privacy) against TechCorp, a private company operating in Madrid, after her personal data was unlawfully processed. TechCorp argues the Regulation cannot be directly relied upon by individuals against private entities. The Spanish Data Protection Authority has issued guidance stating that the Regulation's age verification requirements need not be implemented until 'technical standards are clarified.' Advise on the legal issues arising.

Critically evaluate the extent to which the principle of EU law supremacy has been undermined by recent challenges from national constitutional courts, with particular reference to the tension between EU integration and national constitutional identity.

Directive 2024/45 on Green Transport requires Member States to 'ensure public transport operators achieve 50% emission reductions by 2026' and grants individuals 'the right to clean transport services' (Article 12). The implementation deadline was June 2024. France has not implemented the Directive, with the Ministry of Transport stating 'current infrastructure makes compliance impossible.' Pierre, a French citizen, suffers respiratory illness allegedly caused by bus emissions and seeks compensation from both the French state and BusCorps, a private bus company. Meanwhile, German legislation implementing the Directive provides only 30% emission reductions, with the government arguing this reflects 'proportionate implementation considering economic constraints.' Anna, a German environmental lawyer, wishes to challenge a administrative decision approving a new diesel bus route, citing the Directive. The European Commission has initiated infringement proceedings against both Member States. Advise on the availability of remedies.

To what extent has the doctrine of direct effect evolved beyond its original conception in Van Gend en Loos to accommodate the complexities of modern EU governance, and what tensions remain unresolved?