Immediate applicability
The direct applicability (English direct applicability or direct effect ) is a legal figure of European law that enables individuals to sue their directly affected rights before the European Court of Justice (ECJ) in Luxembourg ( Art. 288 TFEU ).
Usually only states, state authorities or EU authorities are allowed to bring actions before the ECJ. In the Van Gend & Loos case (1963) , however, the European Court of Justice ruled, contrary to current international law , that individuals are also to be regarded as legal subjects of the EU who can directly enforce their rights and obligations in relation to European law and do not have to address themselves to national bodies first. By relinquishing certain sovereign rights of the member states to the community, certain clear contractual obligations also have direct effects on the member states, their organs and the citizens of the EU.
requirements
The prerequisite for direct applicability is the establishment of a real legal obligation , i.e. not exclusively an obligation to make efforts :
- the norm must be clear and precise
- their effectiveness must not depend on further conditions
- no further executive act may be required for their effectiveness
- there must be no further margin of appreciation for their application
Examples of the norm of direct applicability within the framework of primary law would be fundamental freedoms, the ban on cartels or equal treatment of men and women in working life, as well as agreements between the EU and third countries or international organizations. Regarding secondary law , ordinances , resolutions and, under certain conditions, directives are directly applicable.
Guidelines
The effet utile approach of the European Court of Justice and the bona fide principle provide that EU law should be implemented as effectively and quickly as possible ( legal protection within the EU). In return, it should also be made possible to sue for legal violations as quickly as possible. Therefore, directives that oblige Member States to implement them quickly are directly applicable under certain conditions, i.e. directly enforceable.
Possible requirements are (independently of each other):
- Failure of a state
- Expiry of the implementation deadline
- vertical litigation
- Demanding compliant behavior from individuals
- Necessity of content suitability (suitability for enforcement) of the directive
Distinction
In connection with the direct applicability in EU law, a distinction must also be made:
- Primary application of Union law : the principle that a provision of Union law has priority over national law
- Immediate application : a legal act which is part of the national legal system without an implementation act (e.g. regulations )
- Immediate (direct) effect : a concrete applicability of standards by organs of the member states
The terminology is used inconsistently.
