conference proceedin.. - Facultatea de Drept

Conference Proceedings - Galaţi, 24 th -25 th of April 2009
Year I, Vol. II - 2009
- the direct conditioned and complete effect, of universal
applicability;
- the direct conditioned and limited effect;
The criterions to be met by a Community stipulation in order for its
direct effect to be recognized are: clarity, precision and an unaffected by
conditions nature. If these criterions are met, the authorities have no power
of discretionary appreciation as to what the implementation of the
stipulation is concerned, therefore it is liable to be applied by the judge. In
terms of wording, the norms of the Common law must be perfect, must
create rights and impose obligations on individuals without requiring the
addition of any internal stipulations or the interference of Community acts.
The recognizing of the direct effect is not an assertion of quality
given to either of the Community laws, but a penalty for its delayed
implementation, particularly by the Member States. The direct effect of
Community law contributes to enhancing its effectiveness. The CJEC caselaw
distinguishes between direct vertical applicability and direct horizontal
applicability.
Direct vertical applicability designates the possibility of invoking
(in case of litigation) the dispositions of Community sources in relation
with a state or with one of its authorities, including bodies or entities which
are subject to state authority or control, or who have specific powers
compared with those applicable in the relations between individuals. In the
view of the Court, "when the individuals appearing before the court are
able to rely on a directive against the State, they can do so regardless of the
status of the latter: employer or public authority.” People can always
invoke the regulations of Community law (e.g. Directive) before the
national court against the state‟s authority, if this authority failed to
implement them in due time, or has implemented them incorrectly, as long
as the stipulations in question are unconditioned, accurate enough and
their taking into account does not depend on any national measure. In this
situation, the Community norm itself becomes a legitimate element of the
internal legal order.
Direct horizontal applicability allows a private person to invoke a
Community stipulation against another private individual (natural or
legal). The horizontal direct effect arises from the national judge‟s
obligation to interpret the national law so as to be reconcilable with the
Community document.
Going back to the direct unconditional and complete effect, of
universal applicability, the documents that have this effect are:
regulations, decisions and constituent Treaties (in terms of general
principles).
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