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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]
Direct effect is applicable when the particular provision relied on fulfils the Van Gend en Loos criteria. It is therefore applicable in the case of treaty articles (Van Gend en Loos was a claim based on a treaty article), in which case it can be both vertically and horizontally directly effective.
The relationship between the ECJ and the ECtHR is potentially an issue in European Union law and human rights law. The ECJ rules on EU law while the ECtHR rules on the ECHR, which covers the 46 member states of the Council of Europe. Cases cannot be brought in the ECtHR against EU institutions (as the EU is not a member in its own right), but ...
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.
A regulation is a legal act of the European Union [1] which becomes immediately enforceable as law in all member states simultaneously. [ 2 ] [ 3 ] Regulations can be distinguished from directives which, at least in principle, need to be transposed into national law .
Direct applicability; Direct effect of European Union law; Directive 92/58/EEC; E. European Community number; ... European Competition Law Review; European contract law;
54 On the other hand, as regards the right of natural and legal persons to institute proceedings, the fourth paragraph of Article 263 TFEU provides that '[a]ny natural or legal person may, under the conditions laid down in the first and second paragraphs, institute proceedings against an act addressed to that person or which is of direct and ...
A recommendation in the European Union, according to Article 288 of the Treaty on the Functioning of the European Union [1] (formerly Article 249 TEC), is one of two kinds of non-legal binding acts cited in the Treaty of Rome, the other being an opinion.