EUROPEAN UNION LAW

European Union Law

European Union Law

EC Law does not usually impose the duty on citizens, but creates the framework within which State operates. This means that advantages for the individual are restricted.

The concept of "Direct Effect" is the device used by ECJ to enable the citizen to use EC law for his personal advantage.

"Direct Applicability" means that EC law becomes part of national law without intervention of Parliament. This is case for all EC regulations. This is NOT case for Treaties. For example, Treaty of Lisbon 2007 has to be ratified according to national practices of 27 Member States (i.e. either referenda or votes by legislator). So, Treaties are NOT "directly applicable" in UK. When UK joined EU, existing Treaties became applicable on passing of European Communities Act 1972.

Thereafter, Treaty obligations take effect by household legislation. This is because UK has the 'dualist' system legal system (the system which separates national and international law) which means treaty law has to be enacted explicitly (by UK Parliament) into national law in order to have effect. Direct effect connects to exact rights (e.g. equality between men and women). Direct applicability relates to the entire legislative act e.g. the Regulation. So, direct effect does not mean that provision becomes part of national law, whereas direct applicability does.

Direct effect means that rights created by the provision are capable of being relied upon in UK courts. Directives are not exactly applicable, in principle. The European Court of Justice, however, has nevertheless ruled that individual provisions of the directive may, exceptionally, have the direct effect in the Member State without requiring the act of transposition by that Member State beforehand (consistent case-law since 1970: ECR pp. 1213 et seq.) where following situation are satisfied:

period for transposition has expired and directive has not been transposed or has been transposed incorrectly,

provisions of directive are imperative and sufficiently clear and precise,

provisions of directive confer rights on individuals.

If these requirements are fulfilled, individuals may cite provisions of directive against all agencies in which State power is vested. Such agencies are organisations and establishments which are subordinate to State or on which State confers rights that exceed those arising from law on relations between private persons (Court judgment of 22 June 1989 in Case 103/88 Fratelli Costanzo). The case-law is mainly justified on principles of 'effet utile' and uniform application of Community law. But even when provision concerned does not seek to confer any rights on individual, and only first and second conditions are satisfied, Court's consistent case-law says Member State authorities have the legal duty to comply with untransposed directive. This case-law is mainly justified on grounds of 'effet utile', penalisation of violations of Treaty and legal protection. On other hand, the individual may not directly invoke against another individual ( 'horizontal effect') direct effect of the untransposed directive (see consistent case-law, Faccini Dori case [1994] ECR p. I-3325 et seq. at point 25).

The legal acts adopted by European institutions to exercise Union's competences are listed ...