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Direct applicability refers to the fact that EU Regulations require no implementing legislation within individual member states - they take effect as soon as they are published by the European Commission.

Legal basis[edit]

Direct applicability is a concept of European Union constitutional law that relates specifically to regulations, direct applicability (or the characteristic of regulations to be directly effective) is set out in Article 288 (ex Article 249) of the Treaty on the Functioning of the European Union (as amended by the Lisbon Treaty).^[1]

Relation to direct effect[edit]

Direct applicability is often confused with the doctrine of direct effect. This confusion is perhaps explained by reference to the treaty provision governing regulations which provides that they, and only they, have direct applicability within the member states. The early jurisprudence of the ECJ suggested that 'direct effect' was a consequence of direct applicability as it was thought that the drafters of the original treaty intended regulations, and only regulations, to be directly effective. However, the expansion of the doctrine of direct effect to include directives and other measures served to create a distinction between direct applicability and direct effect. Direct applicability is now taken to mean that regulations require no domestic implementation - if direct effect was only ever intended to be a consequence of direct applicability then the relationship has been severed by a series of ECJ cases.

References[edit]

^ Eilmansberger, Thomas (October 2004). "The relationship between rights and remedies in EC law: in search of the missing link". Common Market Law Review. Archived from the original on 2015-06-13.

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[1] Eilmansberger, Thomas (October 2004). "The relationship between rights and remedies in EC law: in search of the missing link". Common Market Law Review. Archived from the original on 2015-06-13.

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+'''Direct applicability''' refers to the fact that EU Regulations require no implementing legislation within individual member states - they take effect as soon as they are [[Official Journal of the European Union|published]] by the [[European Commission]].
-A concept of [[European Union]] constitutional law that relates specifically ''regulations'', '''direct applicability''' (or the characterisitic of regulations to be ''directly effective'') is set out in Article 249 (ex Article 189) of the [[European Community Treaty]] (as amended by the [[Nice Treaty]]).<ref>
-{{cite web
+== Legal basis ==
-|url=http://www.accessmylibrary.com/coms2/summary_0286-18277053_ITM
+Direct applicability is a concept of [[European Union]] constitutional law that relates specifically to ''regulations'', '''direct applicability''' (or the characteristic of regulations to be ''directly effective'') is set out in Article 288 (ex Article 249) of the [[Treaty on the Functioning of the European Union]] (as amended by the [[Lisbon Treaty]]).<ref>
+{{cite journal
+|url=http://business.highbeam.com/437540/article-1G1-126317130/relationship-between-rights-and-remedies-ec-law-search
+|archive-url=https://web.archive.org/web/20150613185349/http://business.highbeam.com/437540/article-1G1-126317130/relationship-between-rights-and-remedies-ec-law-search
+|url-status=dead
+|archive-date=2015-06-13
 |title=The relationship between rights and remedies in EC law: in search of the missing link.
-|publisher=Common Market Law Review (October , 2004)
+|journal=Common Market Law Review
+|date=October 2004
+|first=Thomas
-|accessdate=2007-12-27
+|last=Eilmansberger
 }}
 </ref>
+== Relation to direct effect ==
-Although often confused with the doctrine of [[direct effect]], direct applicability refers to the fact that regulations require no implementing legislation within individual member states - they take effect as soon as they are published by the [[European Commission]].
+Direct applicability is often confused with the doctrine of [[direct effect]]. This confusion is perhaps explained by reference to the treaty provision governing regulations which provides that they, and only they, have ''direct applicability'' within the member states. The early jurisprudence of the ECJ suggested that 'direct effect' was a consequence of direct applicability as it was thought that the drafters of the original treaty intended regulations, and only regulations, to be directly effective. However, the expansion of the doctrine of direct effect to include directives and other measures served to create a distinction between direct applicability and direct effect. ''Direct applicability'' is now taken to mean that regulations require no domestic implementation - if direct effect was only ever intended to be a consequence of direct applicability then the relationship has been severed by a series of ECJ cases.
-This confusion is perhaps explained by reference to the treaty provision governing regulations which provides that they, and only they, have ''direct applicability'' within the member states.  The early jurisprudence of the ECJ suggested that 'direct effect' was a consequence of direct applicability as it was thought that the drafters of the original treaty intended regulations, and only regulations, to be directly effective.  However, the expansion of the doctrine of direct effect to include directives and other measures served to create a distinction between direct applicability and direct effect. ''Direct applicability'' is now taken to mean that regulations require no domestic implementation - if direct effect was ever only intended to be a consequence of direct applicability then the relationship has been severed by a series of ECJ cases.
 ==References==
-{{refs}}
+{{reflist}}
+{{Legislation of the European Union}}
 [[Category:Administrative law]]
+[[Category:European Union law]]
+{{EU-stub}}

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