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EU Law (Directives (Are not directly applicable - as the Member State must…
EU Law
Directives
Are not directly applicable - as the Member State must pass its own law to implement the EU Directive. This must usually be done within a time limit of 2 years.
Directives do not have direct effect while the time limit has not expired. If the directive has not been implemented (unimplemented directives) OR is not fully implemented, then it can have Vertical Direct Effect but not horizontal direct effect - Marshall v Southampton
However, where an directive has not been implemented, an individual or business affected, can claim against the Government for any loss which arises as a consequence. This is known as the Francovich principle
In addition, where a directive has not been implemented, it has been established that domestic law (our UK law) must be interpreted, as far as possible in the light of the EU directive. This is known as the interpretive obligation - Von Colson; Marleasing. It is sometimes also known as Indirect Effect.
Treaties
Have Direct Effect
Both Horizontal and Vertical Direct Effect - provided the Treaty article is clear and precise. Van Gend En Loos; McCarthy's v Smith
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THESE ARE EU LAWS MADE BY THE GOVERNMENTS OF THE MEMBER STATES - Primary legislation - setting out basic principles and aims of the EU.
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What is direct effect? It means that a piece of EU law is enforceable in the courts in a Member State. In other words, it can be relied upon in a court case and enforced.
Vertical Direct Effect means a piece of EU law can be enforced against the State (or branch of the State); Horizontal Direct Effect means that a piece of EU law can be enforced against another individual or business.
Bonus - Why does Direct Effect matter? Without DE, the EU legal system could not function. If EU law was just obligations on Governments and did not give individuals any enforceable rights or responsibilities, the EU would not be able to function as we know it. EU law must be enforceable within the legal system of Member States.
What is direct applicability? It means that a piece of EU law applies in the Member State without them needing to pass their own law. It means that EU law is law within the Member State
Bonus - In passing the European Communities Act 1972, the UK incorporated all existing and future EU law into UK law. This is why Treaty articles and Regulations apply in the UK without the need for any additional UK law to be passed.
REGULATIONS AND DIRECTIVES are EU laws made by the Institutions of the EU - they are Secondary legislation and the ordinary legislation of the EU. Remember that the Commission proposes laws and the Parliament and Council (in 80% of cases) must jointly agree to adopt (pass) the law.