Direct Applicability and Direct Effect of EU Law

Law

Table of Contents
Section A....................................................................................................................................2
Question 1...............................................................................................................................2
Section 2.....................................................................................................................................3
Question 5...............................................................................................................................3
1

Section A
Question 1
Direct applicability depicts whether EU law requires a national parliament for enacting
legislation and making law in the member state. EU regulations and EU treaties are
applicable directly. They do not require any other legislation of parliament to make them into
law in the member state. Thus, once a regulation is passed or treaty is signed by the Council
of Ministers, it becomes applicable within all the member states1. The direct effect is referred
to whether a person can depend on the EU law and legislation in the domestic courts. The
direct effects are of two types that are horizontal and vertical. Vertical direct effect means
that an individual can use the EU against the member state. Horizontal direct effect means an
individual can use EU law against another individual. Regulations and treaties are
horizontally and vertically directly effective. Regulation or treaty can be used as the part of
the law in the court of a member state against another individual or state.
Directives are not effective directly because they cannot be utilized in court until it has been
enacted by the legislation. If a state is being failed to adopt the directive within a time
provided by the EU then a person can take actions against the state for the no-implementation
to the court. The doctrine of the indirect effect needs that the national courts are responsible
for the fulfillment of obligations of EU and consistently interpret the domestic law with
directives. Indirectly the doctrine is achieved through the method of the judicial examination
of the domestic law2. The doctrine of the indirect effects is considered to be significant for the
enforcement of rights of EU against an individual. The European Court of Justice has created
a general responsibility for the state about the non-compliance with the EU law. The state
liability is based on the principle that the member states of the EU are responsible for the
1 Kirton, J. and Madunic, J. (2009). Global law. 3rd ed. Farnham: Ashgate.
2 Steiner, J., Twigg-Flesner, C. and Woods, L. (2009). EU law. 5th ed. Oxford: Oxford University Press.
2