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The rule against the horizontal direct effect of directives should be abandoned" Discuss.
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The rule against the horizontal direct effect of directives should be abandoned" Discuss. This essay is mainly concerned whether or not the rule against the horizontal direct effect of directives should be abandoned. The analysis will be made in three major stages; the first stage will show the application of direct effects and its distinction from direct applicability; the second will analyse the distinction of vertical-horizontal direct effect and finally an analysis will be made on the rectification of the problem and on a possible extension of it. INTRODUCTION The EC Treaties, together with a number of international agreements formally amending these treaties, form the constitution of the Community and are the ultimate source of legal authority within the Community system. One of their functions is to lay down the powers of Community institutions to pass secondary legislation. These are regulations, directives and decisions. In addition, they can make recommendations or deliver opinions.1 REGULATIONS-DIRECTIVES Regulations,...
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