ABSTRACT

In order to understand the way in which Community law operates within Member States’ legal systems, the principle of direct effect must be examined. The basic principle of direct effect of Community measures is that individuals may invoke certain provisions as conferring direct rights, which may be relied on in the national courts. While Article 249 states specifically that regulations are directly applicable, the Article is silent as to the legal consequence of this applicability, and as to whether a Treaty provision itself, or regulations or directives, can have direct legal effect on individuals.3