Gain Immediate access to our Essays
FREE access exchanged for your work, or pay £9.99
Words: | Submitted: Mon Dec 22 2003
... applicable in all Member States". Therefore since they become a part of the domestic law of the member state automatically and do not require further incorporation into national legislation, they give rights upon individuals which can be relied on in their national courts.3 However the position in relation to directives is more complex and highly controversial. Under Article 249 directives "bind any member state as to the result to be achieved" while leaving the national authorities to choose the form and methods.4 Directives, unlike regulations, are not directly applicable which means they do not become law straight away. They have a time limit, usually 2-3 years to be implemented into national law.5 They ensure harmonization of laws in different member states and are considered more flexible as they provide states with discretion and some scope for national differences. Although eventual implementation need not be uniform in every member state, the actual ...
FREE access exchanged for your work, or pay £9.99