THE NATURE AND EFFECT OF EU LAW - The effects of EU law in the national legal systems - Direct effect
7 important questions on THE NATURE AND EFFECT OF EU LAW - The effects of EU law in the national legal systems - Direct effect
What does direct effect mean?
What did the court say in Van Gend and Loos with respect to art. 12 EEC?
Implementation of art. 12 EEC doesn't require any legislative intervention. Fact is that under this article MS are made subject to negative obligations doesn't imply that their nationals cannot benefit from this obligation.
What where the conditions created in Van Gend and Loos?
- clear;
- unconditional (not allowing any reservations);
- Not dependent on any subsequent further implementation measures to be adopted by MS or community.
These conditions changed over times and now a provision of a directive is directly effective if it's:
- unconditional;
- sufficiently precise;
- The MS has failed to implement directive by end of period prescribed or failed to implement directive correctly.
Most of the time, if a provision tells a MS to act, the provision will have direct effect.
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How does the direct effect come in action?
This means that provision that don't grant an individual subjective rights can be directly effective. Granting some individual rights isn't a condition for direct effect.
How does direct effect work for Treaty provisions?
the EU Charter of Fundamental Rights is part of primary law. Art. 6(1) states Charter has the same legal value as the Treaties. The Charter can be directly effective in sense of invoking and direct application against Union institutions and MS when implementing EU law (art. 51(1) Charter). Charter has vertical direct effect.
How does direct effect work for regulations?
How does direct effect work with decisions?
There are two kinds of decisions (art. 288 TFEU): addressed and unaddressed. Addressed decisions have direct effect if addressed to MS. Provision has to be sufficiently clear, precise and unconditional. Direct effect of decision is limited to vertical situations.
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