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Words: | Submitted: Mon Jun 19 2006
... when it will apply, the most problematic being directives. Even though there have been extensions of this idea, as seen with horizontal and indirect effect, the principle is still not without restriction. In the words of Cappelletti "if a court is forced to condone the wholesale violation of a norm, that norm can no longer be termed law" 1, which is possibly part of the reason for the limits of direct effect. In this essay I would like to discuss what the limitations are, and whether or not they should still be maintained. Some, such as Sacha Prechal, believe that EC law should simply become applicable in all contexts, and be treated just the same as national law, as "law of the land". However different types of EC law have different types of legal effects. It seems strange in the first instance that this is the case because of the principle ...
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