Direct Effect - Direct Effect of Regulations Flashcards
What are regulations?
Regulations are the principal legislative instrument of the Union and are normally produced via the ordinary legislative procedure.
What does Article 288(2) TFEU provide regarding the direct effect of regulations?
We can see from Article 288(2) TFEU, that a regulation “shall be binding in its entirety and directly applicable in all Member States”.
What does the term ‘directly applicable’ mean?
It means that Regulations do not need to be officially adopted by Member States before they could have effect in the national legal orders.
How does ‘direct applicability’ differ from ‘direct effect’?
It is not the same as ‘direct effect’ indeed it is a wider concept. Direct effect, is narrower, only allowing European Law to be enforced by individuals.
Which cases clarified the position that regulations can have Direct Effect?
Commission v Italy
Fratelli Variola
Amsterdam Bulb BV
What was said in the case of Fratelli Variola to confirm the Direct Effect of Regulations?
‘… owing to their very nature and their place in the system of sources of [Union] law, regulations operate to confer rights on individuals which the national courts have a duty to protect.’
