Direct Applicability
Definition
Direct applicability gives rise to rights or obligations which individuals may enforce before their national courts without the need for implementation. It is capable of direct effect.
EU legislation that is has direct applicability forms part of the national system of law automatically without the need for implementation. There are two systems of law a MS can be:
Treaties and Regulations have direct applicability.
Direct applicability gives rise to rights or obligations which individuals may enforce before their national courts without the need for implementation. It is capable of direct effect.
EU legislation that is has direct applicability forms part of the national system of law automatically without the need for implementation. There are two systems of law a MS can be:
- Monist - national and international law are all part of the legal system. No division. E.g. France.
- Dualist - national law and international law are separate. E.g. the ECA 1972 had to bring the UK into the EU.
Treaties and Regulations have direct applicability.