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Topic: Direct effect

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  Direct effect - Wikipedia, the free encyclopedia
Direct effect is a principle of European Union Law stating that European regulations have a direct effect on EU citizens and on the laws of the member states.
Directives can be subject to direct effect, but certain limitations have been imposed upon the extent of the doctrine.
A key requirement is that the directive is capable of being relied upon by a claimant or rather that the text of the directive must not be vague nor be ambiguous.
en.wikipedia.org /wiki/Direct_effect   (516 words)

 Direct applicability   (Site not responding. Last check: 2007-10-20)
Although often confused with the doctrine of direct effect, direct applicability refers to the fact that regulations require no implementing legislation within individual member states - they take effect as soon as they are published by the European Commission
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.
Direct applicability is now taken to mean that regulations require no domestic implementation - if direct effect was ever only intended to be a consequence of direct applicability then the relationship has been severed by a series of ECJ cases.
vb.game-host.org /en/Direct_applicability.htm   (219 words)

 PlanetPapers - European Union - When and to what extent are directives ‘directly effective’?
The judicial foundations for direct effect were laid down in Van Gend En Loos (1963) a case which arose when the applicant was charged an import duty by Customs and Excise that had been increased to 8% in contravention of Article 12 of the EC treaty, which specified 3%.
They argued that directives were not capable of having horizontal direct effect as in accordance with Article 249, “the binding nature of a directive Â…exists only in relation to ‘each member state to which it is addressed’ and thus since it does not address individuals it cannot be binding upon them.
Directives appear to be vertically directly effective with horizontal limitations but this is a position that has been undermined with the expansive definition of state and the concept of indirect effect which provide another means for directives to be given legal effect within member states without having to encounter the restrictive conditions of direct effect.
www.planetpapers.com /Assets/5189.php   (2873 words)

 FindLaw: Cagdas Ergun Law - Secondary Files: Disclaimer: EC Judicial Control III   (Site not responding. Last check: 2007-10-20)
Indirect effect of an EC measure means the obligation of the national courts to interpret their domestic laws in the light of the objectives laid down by the provision.
However, from the definition of directives, it appears that the criteria for direct effect expressed by the ECJ in precedent decisions are not fulfilled.
Another arguments supporting the necessity of direct effect doctrine can be that it would not be compatible with the binding character attributed to a directive by article 249 of EC Treaty not to give the right of invocation of these provisions to the individuals before their domestic courts.
firms.findlaw.com /KAYNAKLAR/affiliate13.htm   (3883 words)

 The European Court of Justice and Direct Effect for the Gatt: A Question Worth Revisiting
As previously noted, the lack of direct effect allows members to settle a dispute by means of a negotiated agreement prior to a formal ruling on the validity of trade measures.
Having recognized the possibility of non-mercantilist motives for denying direct effect to the GATT 47 and GATT 94, it is necessary to examine the ECJ's method of analysis to determine if it proves that the Court's direct effect doctrine is motivated by a protectionist agenda.
Thus, it is not clear that the Court's denial of direct effect prior to a WTO ruling necessarily proves that the Court acts with protectionist motives.
www.ejil.org /journal/Vol9/No4/art2-03.html   (5316 words)

Certain provisions of the EC founding Treaty and EC Directives are capable of producing a direct legal effect which operates against a Member State to the advantage of individual citizens.
In order to be capable of having direct effect provisions must, however, be sufficiently clear, unconditional and precise.
Directives cannot have direct effect in horizontal employment relationships.
www.eurofound.eu.int /emire/FINLAND/ANCHOR-V-Auml-LIT-Ouml-NVAIKUTUSDIREKTEFFEKT-FI.html   (111 words)

 Marson, 'Access to Justice: a deconstructionist approach to horizontal direct effect' [2004] 4 Web JCLI
Direct Effect is a concept which enables an affected individual to use a Directive’s provisions in a domestic court after the date of transposition if the Member State has been guilty of either non-implementation or incorrect implementation.
The concept of Direct Effect of EC law was developed by the ECJ to allow individuals and organisations to use the provisions of EC law within their Member States’ domestic courts without having to wait for the Member State to fulfil some obligation which it had omitted to do.
Directives are chosen as a vehicle for the creation of rights because of the discretion they thus afford to Member States as to how and in what form the law is transposed, giving greater power to Member States so that EC obligations are not overly intrusive.
webjcli.ncl.ac.uk /2004/issue4/marson4.html   (11013 words)

 Direct effect   (Site not responding. Last check: 2007-10-20)
The concept of Direct Effect follows from the principle of Supremacy of European law devised by the ECJ.
The particular result (ie how Direct Effect will work in each particular type of EC law) depends on the type of EC law you are discussing - you need to get the distinctions quite clear in your mind now.
Directives are always the examiners favourite because of the problems of vertical and horizontal Direct Effect.
www.learnedcounsel.com /de.htm   (907 words)

 No direct effect for pollution control daughter directives - UK Environment Law Developments (Legal500.com)
In Case C 168/95 Luciano Arcaro, the Cadmium Directive 85/513, a daughter directive of the Dangerous Substances Directive 76/464 was held not to be directly effective against the representative of a precious metals plant as he was not 'an emanation of the state'.
Perhaps more significantly the Advocate General thought that the directive was not unconditional or sufficiently precise to be capable of being recognised as having direct effect.
Even if this constitutional basis for rejecting the direct effect doctrine was found to be incorrect, many environmental directives follow the pattern of the Dangerous Substances Directive and the daughter Cadmium Directive and the doctrine of direct effect in the case of many of the traditional forms environmental directives would be very limited indeed.
www.icclaw.com /devs/uk/ev/ukev_032.htm   (285 words)

 Voest-Alpine Trading v. Bank of China   (Site not responding. Last check: 2007-10-20)
for breaches of contract, in addition to torts, constituting direct effects and then found that either the breaches of the cement contracts or the breaches of the letters of credit constituted direct effects on the suppliers who were beneficiaries of the breached agreement.
This, he reasoned, removed the requirement of the effect being substantial and foreseeable because this requirement is part of section 18, jurisdiction to legislate, not section 19, jurisdiction to adjudicate.
The Court began its analysis of the directness of the effect of Argentina's action by recognizing the Second Circuit's rejection of the substantial and foreseeable requirement for the effect to be direct.
www.stcl.edu /students/2.Davis.Voest-Alpine.htm   (13523 words)

 Diabetes: Resistance to Insulin's Acute Direct Hepatic Effect in Suppressing Steady-State Glucose Production in ...   (Site not responding. Last check: 2007-10-20)
Glucagon potentiates the direct effect of insulin (6,14,15), and we have recently demonstrated that the insulin-induced suppression of glucagon and FFAs has additive or cooperative effects in mediating the acute extrahepatic effect of insulin on GP (12).
The balance between the direct and indirect effects of insulin in suppressing GP depends on the relative exposure of liver and extrahepatic tissues to insulin and the sensitivity of the tissues to insulin.
To determine whether the diabetic state also reduces the direct effect of insulin in humans, in the present study we examined the acute effects of portal versus peripheral insulin delivery on GP in patients with type 2 diabetes.
www.findarticles.com /p/articles/mi_m0922/is_3_48/ai_54145963   (1211 words)

 Direct Marketing Effect
Direct Marketing does not only generate short term response, but also creates, strengthens and maintains affiliations between your target groups and your brands, which are extremely important in the longer term.
It is also possible to draw a comparison with the performance related to other media you may use in a multimedia campaign or with similar DM campaigns (benchmarking).
Mail Effect has shown various advertisers that good DM campaigns can result in a marked increase in their brand awareness and enhance the strength of their brand, even when the recipients have already been exposed to another communication medium such as television commercials.
www.interview-nss.com /en/index.cfm?p=1012&l=3&act1=1&act2=4   (218 words)

Indeed, he claims that a continued denial of direct effect shows that "the provisions of GATT are instead treated as the `children of a lesser God', not worthy of the Court's attention." [19]
Because the ECJ could always grant direct effect to the GATT while at the same time holding that the Community had properly invoked a safeguard clause, one must move beyond the doctrinal question of the ECJ's case law consistency to consider whether the political economy of the GATT safeguard regime really demands direct effect.
Thus, direct effect may not have been appropriate for the GATT 47 because it would have effectively allowed an individual to interfere with a process of ongoing negotiations between the contracting parties.
www.jeanmonnetprogram.org /papers/98/98-3--2.html   (4850 words)

 Kevin's English law glossary: direct effect
EU legislation is said to have `direct effect' when its provisions can be relied on in national courts, without further implementation by the national legislatures.
However, this vertical direct effect can not be relied on until the time limit for implementation has expired (see Ratti (1978)).
However, the basic premise that Directives have no horizontal direct effect has been tempered by the ECJ's insistence that national law should be interepreted in accordance with EU legislation, to give effect to their obligations under Art.
www.kevinboone.com /lawglos_direct_effect.html   (341 words)

The Court distinguished its previous direct effect holdings by stating that "the GATT provisions have an independent meaning which, for the purposes of their application in specific cases, is to be determined by way of interpretation." [8] In the end, however, the Court found that the contested measures did not constitute an illicit commercial practice.
Thus, he concludes that it is inconsistent to deny direct effect to the GATT.
Second, he argues that granting direct effect to the GATT would force the Community to adopt a rule-based liberal economic foreign trade policy which would maximize the economic welfare of the Community.
www.jeanmonnetprogram.org /papers/98/98-3--1.html   (1595 words)

 Does the mass media have a direct effect on British Politics?
Below is a short sample of the essay "Does the mass media have a direct effect on British Politics?".
The party leaders are now of paramount importance to the parties, with the ability to put a point across clearly on television being one of the main criteria for becoming a party leader.
On the other side of the coin is the effect that someone as telegenic as Tony Blair can have on a party's fortunes.
www.coursework.info /i/30410.html   (579 words)

 Kevin's English law glossary: horizontal direct effect   (Site not responding. Last check: 2007-10-20)
EU legislation is said to have horizontal direct effect if its provision can be relied on in national courts in disputes between private individuals.
Horizontal direct effect is less readily asserted than vertical direct effect, in which EU legislation can be relied on against the state.
Regulations and Treaty articles can have horizontal direct effect, provided that the Van Gend criteria are met (see Van Gend en Loos (1963)).
www.kevinboone.com /lawglos_horizontal_direct_effect.html   (102 words)

 direct effect european law: termpapershotline.com- instant hotline assistance for term papers, book reports, essays, ...
Direct Essays On In Bondage By Claude Mckay
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termpapershotline.com /term-papers/758/direct-effect-european-law.html   (395 words)

 The Direct Antiatherogenic Effect of Estrogen Is Present, Absent, or Reversed, Depending on the State of the Arterial ...
The Direct Antiatherogenic Effect of Estrogen Is Present, Absent, or Reversed, Depending on the State of the Arterial Endothelium : A Time Course Study in Cholesterol-Clamped Rabbits -- Holm et al.
The Direct Antiatherogenic Effect of Estrogen Is Present, Absent, or Reversed, Depending on the State of the Arterial Endothelium
is the aggregate of a neutral effect of estrogen on reendothelialized
circ.ahajournals.org /cgi/content/full/100/16/1727   (4290 words)

 A Web-Based Approach to Alliance Marketing - Federal International
The Dell Direct Effect Program was designed as a cross-LOB program that would address the need for a company-wide alliance position (see Figure 1).
Using the Direct Effect Online Catalog, alliance members and customers can view their own catalog information, as well as the catalog information from other companies.
When alliance members update their catalog information (see Figure 4), e-mail is sent to the Direct Effect program administrator indicating that a change has been made to the company's catalog entry on the development database.
www1.us.dell.com /content/topics/global.aspx/power/en/ps3q99_alliance?c=us&cs=RC977746&l=en&s=fin   (1420 words)

 The Principle of Direct Effect
A directive cannot have direct effect until the time limit has elapsed; this was established by Publico Ministero v Ratti [1979][8] in which the claimant sought to invoke two harmonization directives before their allocated implementation period had elapsed.
In this case the time limit for implementation has not yet expired, and still leaves the UK government one month to implement the provision of the directive relating to cucumbers and tomatoes, and comply with their legal obligations.
However, because the directive has been implemented through a Statutory Instrument the UK courts can challenge the legislation on the grounds that it is 'ultra vires'.
www.coursework.info /i/7654.html   (492 words)

 About Direct Effect Records   (Site not responding. Last check: 2007-10-20)
Direct Effect Records was formed in December of 1998 by C.E.O. Lisa Deny,
It hit me that night that with my knowledge, enthusiasm, drive and discovery of a particular band, which I believe has a unique appealing sound, why shouldn't I bless the air waves with the presence of my own record company.
So it came to be, "Direct Effect Records".
www.humboldt.net /~derecords/about.html   (255 words)

 Direct Effect Project.com
The mission of the Direct Effect Project is to have the most positive direct effect possible in the world, to help people in need with what they need most, to renew, restore, rebuild; to heal, to reach, to teach, to inspire.
We believe people want to help, but are concerned about how little of their benevolence reaches those it was intended for.
One hundred-percent of everything this project receives goes directly to feeding the hungry, healing the sick, saving families from eviction, giving books and Bibles to inmates, providing scholarships for children, mentoring programs, classes, workshops, seminars and publications—all with the same desired effect: To increase the quality of life for as many people as possible.
www.directeffectproject.com   (150 words)

DIRECT EFFECT CHARITIES is a tax exempt, non-profit charitable organization with a unique goal.
Our purpose is to raise awareness as to what YOU can do to make a difference in the lives of those in need.
We believe charitable giving is enhanced by participation beyond the act of simply writing a check.
www.directeffectcharities.org   (293 words)

 How the weak dollar affects you - Jan. 8, 2004   (Site not responding. Last check: 2007-10-20)
Ten years ago, fear that the dollar would decline might have been reason to run out and buy the imported car you had your eye on.
What's happening with the dollar is a good lesson for why it's smart to allocate a percentage of your portfolio to international investments.
But that doesn't mean you should run out and invest in a foreign mutual fund simply because the dollar is weakening now.
money.cnn.com /2004/01/08/pf/saving/dollarseffect   (805 words)

 ec law direct indirect effect: 1stcollegetermpapers.com- first college term papers, first college essays, first college ...
Outlawing guns would have a short term detrimental effect on the economy with increased law enforcement and policing of...
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 ROCKCRAWLER.com - ComboGrip Accessories by Direct Effect
Direct Effect Enterprises came up with the answer to this question, with their Side Mount fire extinguisher holder.
In the horizontal location, a handle could be nice for any rear passengers to grab on to.
Once again, Direct Effect has come up with something useful and well thought-out.
www.rockcrawler.com /techreports/combogrip/sidemount/index.asp   (527 words)

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