ENG ELC 220 Lecture Notes - Lecture 11: Legal Certainty, Community Rule, European Union Competition Law
Document Summary
Chapter 8: remedies: direct and indirect effects and state liability. Directly applicable" or direct applicability": directly applicable used to describe the way in which some provisions of eu law have legal validity in the member states. It is a mode of incorporation of law that is generally or universally binding: it is a concept of eu constitutional law that describes the process by which. Direct effects: direct effects term given to judicial enforcement of rights arising from provisions of. The charter itself provides that it applies to obligate the eu and the member states only. It is not to be regarded in the same way as the treaties and regulations. In theory, should be capable of giving rise to direct effects. The coj has thus far not made any such pronouncement, although provisions of the. Charter have been relied on by individuals in the face of conflicting eu and national law.