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Words: | Submitted: Fri Jan 28 2005
... Court to award damages for unlawful acts committed by the Community institutions, and It refers to the cases by national courts of Member States on matter relating to the interpretation and application of the Community law. When a state joins the European Union, all Community law becomes part of its own system. The European Court of Justice2 has developed a concept of direct effect, whereby provision of Community law can confer right on an individual which can directly be applied by National Courts, if required. Art 249 (ex 189) of the EC Treaty3 specifies three forms of Community secondary legislation, they are: Regulations, Directives and Decisions. In law, all legally binding acts should have effect. In European community law the treaties with their annexes and protocols, regulations, directives and decisions all must have legal effect.4 Regulations under Art 249, shall be binding in its entirety and in all member states ...
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