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Words: | Submitted: Mon Jun 19 2006
... text of EC treaties do not indicate that their provisions will be any different, the ECJ has taken its own view as to the nature and effect of treaties known as the doctrine of 'direct effect.' This jurisprudential concept means that individuals are able to derive rights directly from community law, which can be enforced in their own national courts. It is a private species of enforcement, placing control in the hands of ordinary individuals as distinct from the public enforcement mechanism of community law as contained in Article 226 of the Treaty of Rome which enabled the Commission to bring proceedings against member states for breaches. This system was deficient in many ways as, not only was it unable to cope with the increasing work load and had insufficient remedies, it was political in nature. Direct effect, on the other hand, has allowed individuals to play a role and ...
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