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Additionally, the ECJ asserted that indirect effect could apply to pre-dating and post-dating national legislation.Through broadening the definition of a state body and indirect effect, the ECJ sought to rectify the potential discrimination between different individuals invoking directives and this in turn ensured all individuals were protected.
The term direct applicability suggests automatic incorporation into national law without need for further enactment.
Additionally, individuals can invoke regulations both horizontally and vertically; the conditions for reliance upon a regulation are identical to directives in requiring the regulation to be sufficiently clear, precise and unconditional.
From Van Gend to Marleasing it is possible to observe both an evolution of direct effect as well as an expansion of its coverage.
Trace the development of the principles of direct effect, indirect effect, and state liability by the Court of Justice, evaluating their significance for individual claimants.
The jurisdiction of the European Court of Justice encompasses: solving disputes from country to country and within an institution, individuals, companies or organization, if the European institution threatens rights.
One such case, which was brought forth by an individual to the court, is the Factotame case.
Directives Unlike treaty articles and regulations, directives are not directly applicable but instead require implementation into national law.
The initial belief was that directives could not have direct effect because Article 288 TFEU outlined that since the result would be “binding as to the result achieved”, the choice and form of implementation would be left to each member state.
The court asserted that a treaty article must be sufficiently clear, precise and unconditional as well as lacking dependency on any implementing measure in order to allow an individual to rely upon it.
The ECJ’s assertion that a “new legal order” had been created was no overstatement.