Talk:Direct effect of European Union law: Difference between revisions

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hello, You write that the Court:

stated that European Community regulations could (and should) be tried before national courts, since the regulations have a direct effect on individuals' rights and responsibilities similar to that of national laws.

It seems misleading, since in van Gend they referred to direct effect of treaty provisions. The word regulation has a specific meaning, since it is one of categories of EC legislation as defined in art. 249 (Treaty of Rome). Moreover some scholars suggest that the term direct applicability should be used regarding regulations, not direct effect.

What they said in van Gend was (sorry for capitalics):

IT FOLLOWS FROM THE FOREGOING CONSIDERATIONS THAT, ACCORDING TO THE SPIRIT, THE GENERAL SCHEME AND THE WORDING OF THE TREATY, ARTICLE 12 MUST BE INTERPRETED AS PRODUCING DIRECT EFFECTS AND CREATING INDIVIDUAL RIGHTS WHICH NATIONAL COURTS MUST PROTECT . http://europa.eu.int/eur-lex/lex/LexUriServ/LexUriServ.do?uri=CELEX:61962J0026:EN:HTML

(now it is art. 25, not 12).

Since I never edited or created Wikipedia article, i write about it here. And I might suggest that regulations should be changed to either "EC Treaty provisions" (which derives directly from van Gend) or to "EC law" which however may be found to general.

regards

Simmilarity with "common law"

Direct effect appears to be an evolving judicial law, analogous to "common law". Perhaps a section showing similarities/differences would be useful? Fig (talk) 23:06, 14 July 2009 (UTC)[reply]

EU law in general, not just direct effect, applies a system of precedent comparable to the common law, although I not sure we'd be safe saying that stare decisis applies. We'd need some appropriate academic commentary on this topic before we put it in the article though. — Blue-Haired Lawyer 15:33, 15 July 2009 (UTC)[reply]

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	Direct effect appears to be an evolving judicial law, analogous to "common law". Perhaps a section showing similarities/differences would be useful? [[User:Fig wright\|Fig]] ([[User talk:Fig wright\|talk]]) 23:06, 14 July 2009 (UTC)		Direct effect appears to be an evolving judicial law, analogous to "common law". Perhaps a section showing similarities/differences would be useful? [[User:Fig wright\|Fig]] ([[User talk:Fig wright\|talk]]) 23:06, 14 July 2009 (UTC)

			:EU law in general, not just direct effect, applies a system of precedent comparable to the common law, although I not sure we'd be safe saying that ''stare decisis'' applies. We'd need some appropriate academic commentary on this topic before we put it in the article though. — [[User:Blue-Haired Lawyer\|Blue-Haired Lawyer]] 15:33, 15 July 2009 (UTC)