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The landmark judgments on the direct effect of Directives are Van Duyn v Home Office, [8] which established vertical direct effect of Directives, and Marshall v Southampton Health Authority, [9] which established that there is no horizontal direct effect of unimplemented directives. The horizontal direct effect of Directives is a contentious issue.
Direct applicability is often confused with the doctrine of direct effect. This confusion is perhaps explained by reference to the treaty provision governing regulations which provides that they, and only they, have direct applicability within the member states. The early jurisprudence of the ECJ suggested that 'direct effect' was a consequence ...
The Conference also decided to attach as an Annex to this Final Act the Opinion of the Council Legal Service on the primacy of EC law as set out in 11197/07 (JUR 260): Opinion of the Council Legal Service of 22 June 2007 It results from the case-law of the Court of Justice that primacy of EU law is a cornerstone principle of Union law.
Literal translation, direct translation, or word-for-word translation is the translation of a text done by translating each word separately without analysing how the words are used together in a phrase or sentence. [1] In translation theory, another term for literal translation is metaphrase (as opposed to paraphrase for an analogous translation).
The Treaty of Lisbon of 13 December 2007 did not include the article on primacy, but instead included a Declaration concerning primacy recalling the Costa v. ENEL judgment. ENEL judgment. French Judge Robert Lecourt, who was on the Court from 1962 to 1976, would later argue these decisions "added nothing" other than to "give effect" to the ...
In persuasive communication, the order of the information's presentation influences opinion formation. The law of primacy in persuasion, otherwise known as a primacy effect, as postulated by Frederick Hansen Lund in 1925 holds that the side of an issue presented first will have greater effectiveness in persuasion than the side presented subsequently. [1]
Each member state of the European Union (EU) has its own laws, but EU law takes primacy in certain circumstances. The EU Treaties are the EU's primary legislation. [7] These include the founding treaty, the 1957 Treaty of Rome, and all subsequent treaties, such as the Maastricht Treaty, Nice Treaty, and Lisbon Treaty.
In law, horizontal effect refers to the ability of legal requirements meant to apply only to public bodies to affect private rights. It arises where a court dealing with a legal dispute between purely private entities interprets a legal provision to be consistent with certain legal norms in such a way as to affect the legal rights and obligations of the parties before it.