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Are EC directives directly applicable in member states?
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- Words:
- 3156
- Submitted:
- Tue Jun 20 2006
... ILLS PROJECT Are EC Directives directly applicable in Member States? EC treaties were incorporated into UK law by the European Communities Act of 1972. This meant that with the passing of this Act all EC law became directly applicable; meaning applicable as part of our internal system. In HP Bulmer Ltd v J. Bollinger1, Lord Denning said that 'Any rights or obligations created by this Treaty are to be given legal effect in England without more ado.' Provisions of international law which are capable of application by national courts 'at the suit of individuals' are also termed directly applicable. This leads to some uncertainty in the matter. The second meaning; 'at the suit of individuals' is therefore termed as 'direct effect' most of the time. Article 249 of the Treaty Establishing the EC declares that only Regulations are directly applicable; directives are therefore problematic to define. Since direct applicability is a necessary precondition
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