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The Principle of Direct Effect
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- Words:
- 2258
- Submitted:
- Thu Jul 11 2002
... 1st Yr Public Law Coursework - Assignment Two (1983) words Scenario (a) The Principle of Direct Effect The power to issue directives is granted by Article 189 of the EC Treaty (new Article 234), paragraph 3. It provides a directive shall be, '...binding as to the result to be achieved, upon each Member State to which it is addressed, but shall leave to the national authorities the choice of form and methods.' A directive is not directly applicable, which means it does not become law 'without further enactment', it must be implemented into the national law of the Member State. A directive is essentially an instruction to the member States to harmonize their laws accordingly. This is usually done by way of an Act of Parliament or Statutory Instrument. An implementation date is issued to the member States for them to comply with the directive. A state is not considered in default until
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