Direct applicability

It has been suggested that this article be merged into Regulation (European Union). (Discuss) Proposed since February 2022.

A concept of European Union constitutional law that relates specifically to regulations, direct applicability (or the characteristic of regulations to be directly effective) is set out in Article 288 (ex Article 249) of the Treaty on the Functioning of the European Union (as amended by the Lisbon Treaty).^[1]

direct applicability refers to the fact that EU Regulations require no implementing legislation within individual member states - they take effect as soon as they are published by the European Commission.

Relation to direct effect

Direct applicability is often confused with the doctrine of direct effect. This confusion is perhaps explained by reference to the treaty provision governing regulations which provides that they, and only they, have direct applicability within the member states. The early jurisprudence of the ECJ suggested that 'direct effect' was a consequence of direct applicability as it was thought that the drafters of the original treaty intended regulations, and only regulations, to be directly effective. However, the expansion of the doctrine of direct effect to include directives and other measures served to create a distinction between direct applicability and direct effect. Direct applicability is now taken to mean that regulations require no domestic implementation - if direct effect was only ever intended to be a consequence of direct applicability then the relationship has been severed by a series of ECJ cases.

Horizontal en vertical applicability

There is a further distinction between vertical direct and horizontal effect of a Regulation or treaty. Vertical effect means that you can use the Regulation or treaty against a member state, whereas horizontal direct effect means that you can use the Regulation or treaty against another individual.

References

^ Eilmansberger, Thomas (October 2004). "The relationship between rights and remedies in EC law: in search of the missing link". Common Market Law Review. Archived from the original on 2015-06-13.

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