The protection of individual rights in the EU law system. Law provision's direct effect, applicability of law sources

Nonfiction, Reference & Language, Law, International
Cover of the book The protection of individual rights in the EU law system. Law provision's direct effect, applicability of law sources by Ginka Tchervenkova, GRIN Publishing
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Ginka Tchervenkova ISBN: 9783656006053
Publisher: GRIN Publishing Publication: September 13, 2011
Imprint: GRIN Publishing Language: English
Author: Ginka Tchervenkova
ISBN: 9783656006053
Publisher: GRIN Publishing
Publication: September 13, 2011
Imprint: GRIN Publishing
Language: English

Essay from the year 2011 in the subject Law - European and International Law, Intellectual Properties, University of Hamburg, language: English, abstract: The EU law is an independent law order. It is not a kind of international law, and it does not fall into the scope of the internal law of the EU Member States. It is to be applied by the EU Member-States on their territories as a separate legal system. Supremacy and direct effect represent the core principles of the EU law system. Direct effect is a characteristic related to the EU law provisions, and not to the EU law instruments and provisions' sources. EU law provisions can produce a vertical direct effect as well as a horizontal direct effect. Provisions that can produce both a vertical and a horizontal direct effect are recognised as provisions with a 'full direct effect'. The notions of 'immediate enforceability' and 'direct effect', both implied by the definition of 'direct applicability' as contained in the Art 249 EC, are to be clearly distinguished from each other. 'Direct applicability' as synonymous with 'immediate enforceability' is only to be placed in relation to the sources of EU law, and as good as never in relation to the provisions contained therein. It is justified to be spoken on 'direct effect' solely in relation to EU law provisions, and as good as never in relation to EU law acts (sources). Regulations are mandatory in their entirety. By being compulsory in all their elements, Regulations most clearly differ from Directives that are compulsory as to the results only. Regulations do have direct effect in their entirety. The existence of provisions in a given Regulation that require measures of application adopted by the Member States, however, does not preclude the Regulation itself from having a direct effect as to the rest of its provisions. Thus, it is for national courts not just to automatically apply those Regulation's provisions that have an explicit direct effect but also to control the consistency of the adopted national measures with a given Regulation.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

Essay from the year 2011 in the subject Law - European and International Law, Intellectual Properties, University of Hamburg, language: English, abstract: The EU law is an independent law order. It is not a kind of international law, and it does not fall into the scope of the internal law of the EU Member States. It is to be applied by the EU Member-States on their territories as a separate legal system. Supremacy and direct effect represent the core principles of the EU law system. Direct effect is a characteristic related to the EU law provisions, and not to the EU law instruments and provisions' sources. EU law provisions can produce a vertical direct effect as well as a horizontal direct effect. Provisions that can produce both a vertical and a horizontal direct effect are recognised as provisions with a 'full direct effect'. The notions of 'immediate enforceability' and 'direct effect', both implied by the definition of 'direct applicability' as contained in the Art 249 EC, are to be clearly distinguished from each other. 'Direct applicability' as synonymous with 'immediate enforceability' is only to be placed in relation to the sources of EU law, and as good as never in relation to the provisions contained therein. It is justified to be spoken on 'direct effect' solely in relation to EU law provisions, and as good as never in relation to EU law acts (sources). Regulations are mandatory in their entirety. By being compulsory in all their elements, Regulations most clearly differ from Directives that are compulsory as to the results only. Regulations do have direct effect in their entirety. The existence of provisions in a given Regulation that require measures of application adopted by the Member States, however, does not preclude the Regulation itself from having a direct effect as to the rest of its provisions. Thus, it is for national courts not just to automatically apply those Regulation's provisions that have an explicit direct effect but also to control the consistency of the adopted national measures with a given Regulation.

More books from GRIN Publishing

Cover of the book Mergers and Acquisitions in the Global Pharmaceutical Industry by Ginka Tchervenkova
Cover of the book Global overview and a closer look into Adobe´s international marketing activity by Ginka Tchervenkova
Cover of the book September 11, 2001 and its Aftermath by Ginka Tchervenkova
Cover of the book Intercultural relationships and national identities in E.M. Forster´s novel 'A Passage to India' by Ginka Tchervenkova
Cover of the book Modern world system theory by Ginka Tchervenkova
Cover of the book The silent way - A method for the german classroom? by Ginka Tchervenkova
Cover of the book Time and the Other in the Imperialist Discourse of Kipling and Conrad by Ginka Tchervenkova
Cover of the book The importance of Art. 9 (3) Grundgesetz for the establishment of trade unions in Germany by Ginka Tchervenkova
Cover of the book Marketing and customer orientation of Cisco Systems Inc 2009 by Ginka Tchervenkova
Cover of the book Canadian-American relations by the example of the characters in David French's 'Jitters' by Ginka Tchervenkova
Cover of the book Intercultural aspects of Mergers & Acquisitions in consideration of the Chinese market by Ginka Tchervenkova
Cover of the book Project Finance by Ginka Tchervenkova
Cover of the book Following the Road to Madness - The literary influence of Edgar Allan Poe on Howard Phillips Lovecraft by Ginka Tchervenkova
Cover of the book The conversion of Iceland - a political event by Ginka Tchervenkova
Cover of the book Hayek as a liberal - His contribution to politics and economic by Ginka Tchervenkova
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy