ABSTRACT
This consists of a number of treaties, protocols, council decisions, etc, the principal of which is the Treaty of Rome, which founded the EEC. This legislation can be directly enforced through the courts of Member States if the state’s domestic legislation does not give the rights which the European legislation contains. The main criteria which such legislation must meet before it can have direct effect are that, first, it must be sufficiently clear and precise and, secondly, it must leave no room for discretion to be exercised by Member States. Legislation which may be enforced directly is said to be ‘directly applicable’. Legislation which may be directly enforced against the State is said to have a ‘vertical effect’. Legislation which may be directly enforced against individuals (here we include legal individuals such as limited liability companies) is said to have a ‘horizontal effect’.
