direct applicability

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direct applicability

the doctrine in the law of the European Union that states that a measure that has this character does not require to be implemented in a member state. Not only that, but the domestic authorities cannot interfere with its applicability as by passing local legislation. This doctrine is thus part and parcel of the notion of the supremacy of Community law over national law. The most common instance is the REGULATION. Direct applicability should be distinguished from DIRECT EFFECT.
References in periodicals archive ?
The most directly effective methods to get rid of moles involve trapping and poison baiting.
The federal agency has required CUSOs to agree to provide information directly effective June 30, 2014, and registration for the CUSO Registry was held between Feb.
EU law is so precise on the minimum of two weeks' maternity leave for the mother (biological or not) that it should be directly effective in member states.
This freedom was "imperfect" as it was as late as in the Treaty of Maastricht that properly formulated and directly effective legal basis appeared.
Apart from the obligation to use liberalization of free movement of capital by member states following Directive 88/36, the Treaty of Maastricht was introduced and acclaimed to be directly effective by European Court of Justice.
It should also be added that the regulations of the Treaty (article 67 and next articles), on the basis of which these Directives were issued, did not constitute clear, sufficiently determined and unconditional obligations of member states and therefore were not directly effective. It means that legal and natural persons could not refer to these regulations directly before their domestic court.
"While our petition might not be directly effective, it is necessary that we pronounce the public opinion and pressure the regime," Nour said.
Regulation and supervision are far more directly effective than monetary policy in that regard.
If Parliament enacted a statute which contradicted a directly effective EC provision, a British court would have to refuse to apply that statute.
S.2(1) seems to provide that all directly effective EEC law will automatically be enforceable in UK courts: `All such rights, powers, liabilities, obligations and restrictions from time to time arising .
The cases established that EC law was supreme and directly effective in the `vertical' context of relationships between citizens and member state governments.
There has been no definite decision, however, on whether the proposal will be a directive, which gives member states some leeway in how they transpose it into national law, or a regulation, which is directly effective. The consultation period lasts until 5 September 2008 and concrete proposals are expected fairly soon thereafter.

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