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In European Union law, direct effect is the principle that Union law may, if appropriately framed, confer rights on individuals which not only the courts but also the public administration (on national, regional or local level) of member states of the European Union are bound to recognise and enforce.
The court justified the doctrine of direct effect on the basis of the autonomous nature of the legal order that was created by the Treaty of Rome. [5] [6] [7] The autonomy of the EEC (now EU) legal order means that EU law itself decides on the manner in which EU law creates effects in the national legal orders. The Court held that the autonomy ...
European Union law is a system of rules operating within the 27 member states of the European Union (EU). It has grown over time since the 1952 founding of the European Coal and Steel Community , to promote peace, social justice, a social market economy with full employment , and environmental protection.
EUR-Lex is the official online database of European Union law and other public documents of the European Union (EU), published in 24 official languages of the EU. The Official Journal (OJ) of the European Union is also published on EUR-Lex. Users can access EUR-Lex free of charge and also register for a free account, which offers extra features.
Van Duyn v Home Office European Court of Justice Submitted 1 March 1974 Decided 4 December 1974 Full case name Yvonne van Duyn v Home Office. Case C-41/74 CelexID 61990J0006 ECLI ECLI:EU:C:1974:133 Case type Reference for a preliminary ruling Nationality of parties The Netherlands United Kingdom Procedural history Ch 358 Court composition Judge-Rapporteur Max Sørensen Advocate General Henri ...
Therefore, the Charter of Fundamental Rights of the European Union has become an integral part of European Union law, codifying the fundamental rights which were previously considered general principles of European Union law. [13] In effect, after the Lisbon Treaty, the Charter and the convention now co-exist under European Union law, though ...
Defrenne v Sabena (No 2) (1976) Case 43/75 is a foundational European Union law case, concerning direct effect and the European Social Charter in the European Union.It held that the EU:
Direct applicability is a concept of European Union constitutional law that relates specifically to regulations, direct applicability (or the characteristic of regulations to be directly effective) is set out in Article 288 (ex Article 249) of the Treaty on the Functioning of the European Union (as amended by the Lisbon Treaty). [1]