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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.
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.
This is now called the principle of direct effect. [1] The case is acknowledged as being one of the most important, and possibly the most famous development of European Union law. [1] The case arose from the reclassification of a chemical, by the Benelux countries, into a customs category entailing higher customs charges.
The Court laid down in its judgment that a directive has direct effect when its provisions are unconditional and sufficiently clear and precise and when the EU Member State has not transposed the directive by the deadline. [2] The Court reasoned that if the directive did not have direct effect, then it would lose its relevance.
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.
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:
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 ...
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]