direct effect


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direct effect

the doctrine in the law of the EUROPEAN UNION that states that a Community Act has direct effect when those who are subject to community law are given a right. It applies to individuals and institutions. Persons who benefit from the right can sue for their protection in their national courts. These rights must be respected regardless of the domestic law, thus this is an inherent part of the notion of the supremacy of European law. The features looked for are that the measure should be clear, concise, unconditional and allow no discretion to the member states or Community institutions. Regulations nearly always have direct effect. A directive can also have a direct effect, but this is ascertained taking each case on its merits. The Court of Justice of the European Union has held that a directive can have vertical direct effect, which occurs where the measure in question is capable of producing rights between the addressee, which is usually the member state, and a third party. More difficult is horizontal direct effect, which is the situation where one third party seeks to utilize the Act to sue another fourth party.
References in periodicals archive ?
The direct effect of Brexit does not seem substantial, even as we expect that domestic financial markets will experience volatility and huge swings in capital flows in the short term due to uncertainty.
This exception, which contains three independent clauses, provides that a foreign state is not immune from jurisdiction 'in any case' in which: the action is based [1] upon a commercial activity carried on in the United States by the foreign state; or [2] upon an act performed in the United States in connection with a commercial activity of the foreign state elsewhere; or [3] upon an act outside the territory of the United States in connection with a commercial activity of the foreign state elsewhere and that act causes a direct effect in the United States.
Path analysis permits the partitioning of the correlation coefficient into its components, one component being the path coefficient that measures the direct effect of a predictor variable upon its response variable; the second component being the indirect effect(s) of a predictor variable on the response variable through another predictor variable.
The radiative forcing from aerosol-radiation interactions (RFari) encompasses radiative effects from anthropogenic aerosols before any adjustment takes place and corresponds to what is usually referred to as the aerosol direct effect.
Gentle, efficient and precise, the Direct Effect features 15 customizable styles as part of the Rollerball, Soft-Slope and Pro-Tip series.
Since the direct effect was stronger, workaholics tended to have fewer absences, on balance.
Ownership changes in companies occur all the time and this has no direct effect on the position of the staff employed in the company.
If ozone is in fact on the causal pathway between temperature and mortality (which we posit below), controlling for ozone in a statistical model estimates the controlled direct effect of temperature on mortality, under certain assumptions (Petersen et al.
This was most important in Model 2, where the direct effect of PA on RF was examined, as was the indirect effect of RAN on RF through the PA factor (this also provided a test of the relationship between RAN and PA) within one model.
The issue of direct effect of EU regulations was highlighted for the first time in connection with the EEC (European Economic Community) Treaty provision, the former article 12, and present article 25 from TFEU (Treaty on the Functioning of the European Union), in the case known as the Van Gend en Loos.
To illustrate, the causal questions focus on decomposing the total policy effect into the indirect effect mediated by peer composition change and the direct effect of the policy for the subpopulation of lower achieving students.
It was observed that the strongest one of these effects was direct effect.