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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 member states of the European Union (EU). ... giving "horizontal" direct effect to TFEU article 45 ...
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]
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 of Justice has held that both a member state government and a private party can hinder freedom of establishment, [30] so article 49 has both "vertical" and "horizontal" direct effect. In Reyners v Belgium [ 31 ] the Court of Justice held that a refusal to admit a lawyer to the Belgian bar because he lacked Belgian nationality was ...
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:
In European Union law under the doctrine of direct effect, national courts are under a legal duty to interpret national laws to be consistent with EU laws which the member state concerned has either not implemented or not implemented correctly. The ability of such interpretations to affect the legal rights and duties of purely private entities ...
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.