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 ?
In the present study, behavioral inhibition and FFF systems demonstrated negative direct effects whereas BAS demonstrated positive direct effect on mental toughness.
However, for direct effects our findings suggest that as values of social support goes up the strength of relationship between trauma exposure and delinquency drops down significantly (p0.05) on PTSD but it has significant effect on future orientation (as p<0.001).
In a press briefing early Sunday, PAGASA weather forecaster Meno Mendoza said "Rosita" currently has no direct effect in the country.
Muscat: The Public Authority for Civil Aviation (PACA) has announced the end of the direct effect of the topical system Luban.
The estimates of direct and indirect effects of explanatory variables on the main response variable yield (Table 3) showed that the variables number of fertile spikelets, panicle mass, number of panicles per square meter and mass of one thousand grains obtained high positive magnitudes and a pronounced direct effect on yield; therefore, the existing phenotypic correlation explains much of the true association.
The characters which had positive direct effect with high magnitude were oil content and test weight.
The direct effect is a set of laws that is both created by, and imposed on, the legislative members themselves.
The district court held that it had subject-matter jurisdiction under both the first and third clauses of FSIA's "commercial-activity exception," which provide, respectively, that a foreign state is not immune from suit in actions "based upon" the state's commercial activity in the United States or in actions "based upon" its commercial activity outside the United States that has a "direct effect" in the United States.
Path coefficient analysis revealed that plant height had the highest positive direct effect (0.9510) on flowers per plant followed by spikes per pl ant (0.4831) and flower weight (0.3103), suggesting that direct selection of orchids through plant height, spikes per plant and flower weight could be proved useful.
"This LPA is still far from the country's landmass and has no direct effect yet on us.
An on-line modelling study of the direct effect of atmospheric aerosols over Europe