Enforcement of EU Law
There are numerous ways in which EU law is enforced across Member States. Please see the sub-menu next to the hyperlink for this page for an in-depth explanation of each.
Primary Legislation
Primary legislation such as Treaty Articles, enjoy direct applicability, which mean they form part of national law without the need for implementation. Individuals can rely on them horizontally and vertically.
Secondary Legislation
Regulations also have direct applicability. Individuals can rely on them horizontally and vertically.
The position with Directives is a little more complex (please see the page on Direct Effect - Secondary Legislation). They are capable of direct effect. Individuals can only enforce them vertically. They do not have horizontal direct effect.
Sometimes, Directives fail to qualify for direct effect. In which case, there are other methods of enforcing them as the diagram below charts.
Primary Legislation
Primary legislation such as Treaty Articles, enjoy direct applicability, which mean they form part of national law without the need for implementation. Individuals can rely on them horizontally and vertically.
Secondary Legislation
Regulations also have direct applicability. Individuals can rely on them horizontally and vertically.
The position with Directives is a little more complex (please see the page on Direct Effect - Secondary Legislation). They are capable of direct effect. Individuals can only enforce them vertically. They do not have horizontal direct effect.
Sometimes, Directives fail to qualify for direct effect. In which case, there are other methods of enforcing them as the diagram below charts.
European Communities Act 1972
s2(1) - Rights, obligations etc arising under EU law to be enforced by UK courts
s2(4) - UK legislation (past and future) to be interpreted in light of EU rights, obligations
s3(1) - UK courts to apply EU law as interpreted by the ECJ
Notes
The ECJ does not bind itself
Individuals have no locus standi in ECJ
Individuals should go the the Defendant's national court
s2(4) - UK legislation (past and future) to be interpreted in light of EU rights, obligations
s3(1) - UK courts to apply EU law as interpreted by the ECJ
Notes
The ECJ does not bind itself
Individuals have no locus standi in ECJ
Individuals should go the the Defendant's national court