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Words: | Submitted: Mon Jun 19 2006
... one of ""the essential characteristics of the Community legal order". OFN4y It might not be an exaggeration to say that it is the concept which has been most instrumental in the development of Community law, the cornerstone of the Community law edifice. OFN5y The Court has taken a broad view of the notion of direct effect so much so that in his Opinion in Banks, Advocate General Van Gerven stated OFN6y: ""... in so far as a provision of Community law is sufficiently operational in itself to be applied by a court, it has direct effect. The clarity, precision, unconditional nature, completeness or perfection of the rule and its lack of dependence on discretionary implementing measures are in that respect merely aspects of one and the same characteristic feature which that rule must exhibit, namely it must be capable of being applied by a court to a specific case." *622 ...
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