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 video premieres on MTV's Direct Effect on Tuesday, April 11, 2006 at 7:00 pm ET.
Additionally, recent independent studies conducted in Manchester, England have shown that our weight loss technology dramatically reduces gastric emptying because of a direct effect on cholecystokinin, one of the body's most important satiety peptides.
This will have a direct effect on consumer products companies that will have to contend with a smaller pool of more powerful retailers that can more aggressively dictate pricing, delivery terms, and assortments.
The team plans a new study to prove that estrogen has a direct effect on PAI.
In this way the legal characteristics of those decisions is modified in the sense that they obtain Community law features such as supremacy and direct effect.
Seniors on fixed incomes, or (people) who don't see a direct effect, may have the tendency to vote it down,'' Lee said.
While it is unlikely that the use of solar power has any direct effect on the flavor of the wine, there is an undeniable impact that comes from drinking wine produced by environmentally responsible vintners.
Brokers, Jones explained, have to keep tabs on news events because the repercussions often have a direct effect on the economy.
The Hogendorp Centre hosts yearly international conferences on various topics, such as EMU (1997), Flexibility (1998), Ambiguity in the Rule of Law (1999), Europe's Constitution (2000) and Direct Effect (2001).
Chapter vii The Direct Effect of Public International Law
American exports dropped as well, a sign that the Asian crisis is having a direct effect on the sale of U.