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The Directive Principles of State Policy of India are the guidelines to be followed by the government of India for the governance of the country. They are not enforceable by any court, but the principles laid down there are considered "Fundamental" in the governance of the country, which makes it the duty of the State [1] to apply these principles in making laws to establish a just society in ...
A directive is a legal act of the European Union [1] ... Francovich v. Italy, the ECJ extended the principle of Van Gend en Loos [10] ...
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.
General principles are found and applied to avoid the denial of justice, fill gaps in European Union law and to strengthen the coherence of European Union law. [4] Accepted general principles of European Union Law include fundamental rights, proportionality, legal certainty, [5] equality before the law, primacy of European Union law and ...
EU directives are addressed to the member states, and are not legally binding for individuals in principle. The member states must transpose the directive into internal law. Directive 95/46/EC on the protection of personal data had to be transposed by the end of 1998. All member states had enacted their own data protection legislation.
Third, if a Directive gives expression to a "general principle" of EU law, it can be invoked between private non-state parties before its deadline for implementation. This follows from Kücükdeveci v Swedex GmbH & Co KG where the German Civil Code §622 stated that the years people worked under the age of 25 would not count towards the ...
The Directive Principles have been used to uphold the Constitutional validity of legislations in case of a conflict with the Fundamental Rights. Article 31C, added by the 25th Amendment in 1971, provided that any law made to give effect to the Directive Principles in Article 39(b)–(c) would not be invalid on the grounds that they derogated ...
Article 48 is included as a “Directive Principle of State Policy”, meant to guide the Indian states in policy formation and its implementation, but could not be enforced in any court. [3] All the states administered by the Government of India shall take measures for preserving and improving the breed.