Direct Effect - Direct Effect of Regulations Flashcards Preview

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Flashcards in Direct Effect - Direct Effect of Regulations Deck (6)
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1
Q

What are regulations?

A

Regulations are the principal legislative instrument of the Union and are normally produced via the ordinary legislative procedure.

2
Q

What does Article 288(2) TFEU provide regarding the direct effect of regulations?

A

We can see from Article 288(2) TFEU, that a regulation “shall be binding in its entirety and directly applicable in all Member States”.

3
Q

What does the term ‘directly applicable’ mean?

A

It means that Regulations do not need to be officially adopted by Member States before they could have effect in the national legal orders.

4
Q

How does ‘direct applicability’ differ from ‘direct effect’?

A

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.

5
Q

Which cases clarified the position that regulations can have Direct Effect?

A

Commission v Italy
Fratelli Variola
Amsterdam Bulb BV

6
Q

What was said in the case of Fratelli Variola to confirm the Direct Effect of Regulations?

A

‘… 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.’