CHECK THESE SAMPLES OF The Concept of Direct Effect
This can be clearly illustrated from the case of Case 26/62 Van Gand en Loos whereby the doctrine of direct effect was established whereby direct effect was given to an Article of the EC Treaty.... This paper ''The European Union Law'' tells us that the Court of Justice has developed the concept of the primacy of EC law.... the concept can be seen to have been applied in Case C-213/89 R v....
5 Pages
(1250 words)
Essay
the concept of the Direct Effect of EC law was developed by the ECJ to allow individuals and organizations to use the provisions of EC law within their Member States' domestic courts without having to wait for the Member State to fulfill some obligation that it had omitted to do.... With regard to the Horizontal direct effect, the Article 232 EC of the Treaty states that 'in case the European Parliament, the Council or the Commission, in infringement of this Treaty, fail to act, the Member States and the other institutions of the Community may bring an action before the Court of Justice to have the infringement established'....
13 Pages
(3250 words)
Case Study
The Concept of Direct Effect follows from the supremacy of European Law as formulated by the ECJ.... The Concept of Direct Effect follows from the supremacy of European Law as formulated by the ECJ.... he doctrine of direct effect enables national courts to apply EC Law.... As such limitations were imposed on the doctrine of direct effect in order to ensure that national courts did not face difficulty in implementing community law....
12 Pages
(3000 words)
Essay
The EC Treaty is very clear that member states are obligated by The Concept of Direct Effect, to comply with member community law in their.... The EC Treaty is very clear that member states are obligated by The Concept of Direct Effect, to comply with member community law in their own internal laws whether in written legislation or during civil proceedings, which applies in both Andrew and Boris' cases.... However in practice, direct effect in relation to directives is less important than the related concept of indirect effect in which member states are bound to implement directives as the directives are laid out....
2 Pages
(500 words)
Essay
Through The Concept of Direct Effect, member states are bound to apply EU regulations in their entirety, and they cannot be implemented piecemeal (See case 128/78 Commission v UK (1979) ECR 419).... The paper "EU Law Principles of direct effect, Indirect Effect, State Liability" states that generally, in respect of Scenario 1, Eastern Interiors and the other company will not have much recourse under EU Law, since the matter concerns an EU regulation.... All EU Regulations have a direct effect within the Member States and will be fully applicable and automatically implemented by them....
13 Pages
(3250 words)
Essay
"Can the English Legal System Be Considered in the Context of the European Legal Order" paper attempts to answer these questions in the light of the development of the following concepts: The European Court of Justice, Approximation laws, Directives, direct effect, Indirect Effect, Regulation.... 'Directive is defined by Professors Biukovic and OBrien as 'the most common type of EU legislation, not directly applicable, but may have direct effect; binding upon the Member States as to the objectives to be achieved but leaving to the Member States the choice of form and method; preferred means of harmonization of laws; usually enacted by the Commission....
6 Pages
(1500 words)
Case Study
The Concept of Direct Effect of EC law was developed by the ECJ to allow individuals and organizations to use the provisions of EC law within their Member States' domestic courts without having to wait for the Member State to fulfill some obligation which it had omitted to do.... The paper will focus on the concept of directives and jurisprudential power.... The ECJ has taken its own view as to the nature and effect of treaties and this is known as the doctrine of 'direct effect....
14 Pages
(3500 words)
Term Paper
In particular, the judicial activism of the ECJ may be noted in cases such as Van Gend en loos and Defrenne v Sabrena where the doctrine of vertical and horizontal direct effect was mooted, as a result of which national laws have been subordinated to EU community law.... The decision of the European Court of Justice in the case of Van Gend en Loos1 was notable in establishing the direct effect doctrine, wherein the Court ruled that the protection of EU law applied to individuals as well as member states....
12 Pages
(3000 words)
Assignment