Shopping on line can be easy, simple and save you lots of money. It can also take a lot of your time, frustrate you, and result in unwanted purchases. Now the same can be said for regular high street shopping, but with the vast opportunity presented by the Internet it will pay you to spend a few minutes reading this and understanding how to better optimize your Direct Effect shopping experience:
1. Compare - without doubt the biggest advantage that the Direct Effect offers shoppers today is the ability to compare thousands of Direct Effect at a time. This is a great thing, but not necessarily all the time! Too much can be daunting at times so take advantage of the great comparison sites and where possible let them do the hard work for you.
2. Research - if it has been said it will be on the internet. Ignorance is no longer a justifiable reason for buying the wrong thing. Take the time to research in detail everything that you could possible want to know about
3. Testimonials - don't know anybody that has bought a Direct Effect? Wrong! If the Direct Effect is good the internet will let you know. Use the Internet as a friend and get testimonials before you buy.
4. Questions - Got a question about Direct Effect then search the Forums, FAQ's, Blogs etc. Don't be afraid to ask .....
5. Reputation - Never heard of the company selling Direct Effect? Don't worry, no reason why you should know every company in the world, but you know someone that does! Use the internet to find out what people are saying about Direct Effect and build up a picture of their reputation for sales, returns, customer service, delivery etc.
6. Returns - still worried that even after all of the above your Direct Effect wont be what you want? Check out the returns policy. There is so much competition now that someone, somewhere is bound to offer the terms that you are comfortable with.
7. Feedback - happy with your Direct Effect then let people know, after all you are depending on others people input in your buying decision, so why not give a little back.
8. Security - check for the yellow padlock on the Direct Effect site before you buy, and the s after http:/ /i.e. https:// = a secure site
9. Contact - got a question about Direct Effect, or want to leave a comment then check out the sites contact page. Reputable companies have them and respond.
10. Payment - ready to pay for your Direct Effect, then use your credit card or PayPal! Be aware of companies that don't accept them, there may be genuine reasons but given the huge amount of choice you have when buying online there is no reason at all not to buy via credit card or PayPal.
For the Direct effect model of media influence, see hypodermic needle model
Direct effect is a principle of
European Union law according to which certain pieces of European legislation are enforceable by citizens of the
List of European Union member states.
Direct effect is not mentioned in any of the
Treaties of the European Union, and was established by the
European Court of Justice in
Van Gend en Loos v. Nederlandse Administratie der Belastingen (Case 26/62); ECR 1; C.M.L.R. 1, in which the court held that rights conferred on individuals by European Community legislation (
Treaties of the European Union, European Union regulation, European Union directive, etc.) should be enforceable by those individuals in national courts.
The criteria
In
Van Gend en Loos (Case 26/62), the European Court of Justice laid down the criteria (commonly referred to as the "Van Gend en Loos criteria") for establishing direct effect:
- The provision must be sufficiently clear and precisely stated,
- It must be unconditional or non-dependent,
- The provision must confer a specific right for the citizen to base his or her claim on.
If these criteria are satisfied, then the citizen is able to enforce the right(s) in question in the national courts.
Varieties of direct effect
In
Van Gend en Loos (Case 26/62) it was decided that a citizen was able to enforce a right granted by European Community legislation against the state - the question of whether rights could be enforced against another citizen was not addressed. In
Defrenne v. SABENA (Case 2/74) ECR 631, the European Court of Justice decided that there were two varieties of direct effect:
vertical direct effect and
horizontal direct effect, the distinction drawn being based on against whom the right is to be enforced.
Vertical direct effect concerns the relationship between EC law and national law - specifically, the state's obligation to ensure its observance and its compatibility with national law, thereby enabling citizens to rely on it in actions against the state (or against an "emanation of the state" as defined in Foster v. British Gas plc (Case C-188/89) ECR I-3313).
Horizontal direct effect concerns the relationship between individuals (including companies). If a certain provision of EC law is horizontally directly effective, then citizens are able to rely on it in actions against each other.
European Union directive are usually incapable of being horizontally directly effective due to the fact that they are only enforceable against the state. Certain provisions of Treaty law and acts such as Regulations from the Council or Commission are capable of being directly enforced horizontally. One noted case is
Courage Ltd v. Crehan (case c-453/99) concerning the direct application of Article 81 of the EC Treaty and the effectiveness of the procedural law of the Member State.
Application of direct effect
Direct effect is applicable when the particular provision relied on fulfils the
Van Gend en Loos criteria. It is therefore applicable in the case of treaty articles (
Van Gend en Loos was a claim based on a treaty article), in which case it can be both vertically and horizontally directly effective.
Regulations
European Union regulation can also be subject to direct effect. As under Article 249 of the
EC Treaty they are "directly applicable" (as distinct from directly effective), they are incapable of being conditional. As that criterion for direct effect is always satisfied in the case of regulations, if a specific right is conferred, then the regulation can be both vertically and horizontally directly effective.
Decisions
European Union decision are directly effective against whomever they are addressed, as under Article 249 of the EC Treaty "they are binding in their entirety on the party to whom they are addressed".
Directives
As
European Union directive specify the results to be achieved, but the method and actual implementation is left to the national governments (subject to a specified time limit), they are not capable of being directly effective as they are not intended to create rights. However, in
Grad v Finanzamt Traunstein (Case 9/70) ECR 825, a case involving VAT, the ECJ ruled that a directive and a decision
could be directly effective, as they imposed an obligation to achieve a required result. As the ECJ held in
Becker, another case involving VAT, "wherever the provisions of a directive appear...to be unconditional and sufficiently precise, those provisions may, in the absence of implementing measures adopted within the prescribed period, be relied upon as against any national provision which is incompatible with the directive or in so far as the provisions define rights which individuals are able to assert against the State."
In
Pubblico Ministero v. Ratti (Case 148/78) ECR 1629, however, it was held that if the time limit given for the implementation of the directive has not expired, it cannot have direct effect. Directives were directly effective only if the prescribed date, by which the Member State should have implemented it, had passed. Additionally, in instances where the Member State has introduced the required legislation, but has done so defectively, the directive may still be directly effective, as in the
Verbond van Nederlandse Ondernemingen (VNO) case.
Unlike Treaty provisions and regulations, directives cannot have horizontal effect (against another private individual or company), as this is adjudged contrary to the principles of equality (see Marshall v Southampton and South West Hampshire AHA (1986)). As such, Directives are currently only vertically directly effective (i.e. against the state, a concept interpreted broadly by the ECJ, including state schools and other "emanations of the state").
Direct effect on procedural law
In
Comet v. Produktschap (Case 45/76) ECR 2043, the European Court of Justice established that the procedural rules of each member state generally apply to cases of EC law. However, two basic principles must be adhered to: "equivalence" (the procedure for EU cases must be equivalent to the procedure for domestic cases) and "effectiveness" (the procedure cannot render the law functionally ineffective).
Since then, the ECJ has ruled that national courts have general authority to interpret their own procedural laws, since they tend to be more familiar with local procedure than the European court. However, member state courts have to follow the basic principles of equivalence and effectiveness when interpreting the validity of their procedural law.
For the Direct effect model of media influence, see hypodermic needle model
Direct effect is a principle of European Union law according to which certain pieces of European legislation are enforceable by citizens of the
List of European Union member states.
Direct effect is not mentioned in any of the Treaties of the European Union, and was established by the European Court of Justice in
Van Gend en Loos v. Nederlandse Administratie der Belastingen (Case 26/62); ECR 1; C.M.L.R. 1, in which the court held that rights conferred on individuals by European Community legislation (Treaties of the European Union, European Union regulation,
European Union directive, etc.) should be enforceable by those individuals in national courts.
The criteria
In
Van Gend en Loos (Case 26/62), the European Court of Justice laid down the criteria (commonly referred to as the "Van Gend en Loos criteria") for establishing direct effect:
- The provision must be sufficiently clear and precisely stated,
- It must be unconditional or non-dependent,
- The provision must confer a specific right for the citizen to base his or her claim on.
If these criteria are satisfied, then the citizen is able to enforce the right(s) in question in the national courts.
Varieties of direct effect
In
Van Gend en Loos (Case 26/62) it was decided that a citizen was able to enforce a right granted by European Community legislation against the state - the question of whether rights could be enforced against another citizen was not addressed. In
Defrenne v. SABENA (Case 2/74) ECR 631, the European Court of Justice decided that there were two varieties of direct effect:
vertical direct effect and
horizontal direct effect, the distinction drawn being based on against whom the right is to be enforced.
Vertical direct effect concerns the relationship between EC law and national law - specifically, the state's obligation to ensure its observance and its compatibility with national law, thereby enabling citizens to rely on it in actions against the state (or against an "
emanation of the state" as defined in Foster v. British Gas plc (Case C-188/89) ECR I-3313).
Horizontal direct effect concerns the relationship between individuals (including companies). If a certain provision of EC law is horizontally directly effective, then citizens are able to rely on it in actions against each other.
European Union directive are usually incapable of being horizontally directly effective due to the fact that they are only enforceable against the state. Certain provisions of Treaty law and acts such as Regulations from the Council or Commission are capable of being directly enforced horizontally. One noted case is
Courage Ltd v. Crehan (case c-453/99) concerning the direct application of Article 81 of the EC Treaty and the effectiveness of the procedural law of the Member State.
Application of direct effect
Direct effect is applicable when the particular provision relied on fulfils the
Van Gend en Loos criteria. It is therefore applicable in the case of treaty articles (
Van Gend en Loos was a claim based on a treaty article), in which case it can be both vertically and horizontally directly effective.
Regulations
European Union regulation can also be subject to direct effect. As under Article 249 of the EC Treaty they are "directly applicable" (as distinct from directly effective), they are incapable of being conditional. As that criterion for direct effect is always satisfied in the case of regulations, if a specific right is conferred, then the regulation can be both vertically and horizontally directly effective.
Decisions
European Union decision are directly effective against whomever they are addressed, as under Article 249 of the EC Treaty "they are binding in their entirety on the party to whom they are addressed".
Directives
As European Union directive specify the results to be achieved, but the method and actual implementation is left to the national governments (subject to a specified time limit), they are not capable of being directly effective as they are not intended to create rights. However, in
Grad v Finanzamt Traunstein (Case 9/70) ECR 825, a case involving VAT, the ECJ ruled that a directive and a decision
could be directly effective, as they imposed an obligation to achieve a required result. As the ECJ held in
Becker, another case involving VAT, "wherever the provisions of a directive appear...to be unconditional and sufficiently precise, those provisions may, in the absence of implementing measures adopted within the prescribed period, be relied upon as against any national provision which is incompatible with the directive or in so far as the provisions define rights which individuals are able to assert against the State."
In
Pubblico Ministero v. Ratti (Case 148/78) ECR 1629, however, it was held that if the time limit given for the implementation of the directive has not expired, it cannot have direct effect. Directives were directly effective only if the prescribed date, by which the Member State should have implemented it, had passed. Additionally, in instances where the Member State has introduced the required legislation, but has done so defectively, the directive may still be directly effective, as in the
Verbond van Nederlandse Ondernemingen (VNO) case.
Unlike Treaty provisions and regulations, directives cannot have horizontal effect (against another private individual or company), as this is adjudged contrary to the principles of equality (see Marshall v Southampton and South West Hampshire AHA (1986)). As such, Directives are currently only vertically directly effective (i.e. against the state, a concept interpreted broadly by the ECJ, including state schools and other "emanations of the state").
Direct effect on procedural law
In
Comet v. Produktschap (Case 45/76) ECR 2043, the European Court of Justice established that the procedural rules of each member state generally apply to cases of EC law. However, two basic principles must be adhered to: "equivalence" (the procedure for EU cases must be equivalent to the procedure for domestic cases) and "effectiveness" (the procedure cannot render the law functionally ineffective).
Since then, the ECJ has ruled that national courts have general authority to interpret their own procedural laws, since they tend to be more familiar with local procedure than the European court. However, member state courts have to follow the basic principles of equivalence and effectiveness when interpreting the validity of their procedural law.
The K-Zone: Direct effect
Home > Law > Law glossary > Law glossary Direct effect Last modified: Thu Feb 23 16:37:37 2006. EU legislation is said to have `direct effect' when its provisions can be relied on ...
The K-Zone: horizontal direct effect
Home > Law > Law glossary > Law glossary horizontal direct effect Last modified: Thu Feb 23 16:37:37 2006 EU legislation is said to have horizontal direct effect if its provision ...
Direct effect - Wikipedia, the free encyclopedia
Direct effect is a principle of European Community law according to which certain pieces of European legislation are enforceable by citizens of the Member States.
Direct Effect Graphics
Direct Effect Graphics is here to help you stand out among the rest. We live and breathe the motto, "Making the Outstanding, Stand Out". That is what we want to do for you
Direct Effect Project.com
100% of your contributions go directly to those in need. Our Mission . The mission of the Direct Effect Project is to have the most positive direct effect possible in the world ...
Direct Effect Charities
Direct Effect Charities works with inner city kids through Chicago's public schools. Their main programs include CHICAGO KID'S CLOSET and LETTERS TO SANTA. Donations of new ...
direct.effect.newmedia
DirectEffect Live - Beta 2.0
DirectEffect Live brought to you by
Direct effect legal definition of Direct effect. Direct effect ...
As a verb, to point to; guide; order; command; instruct. To advise; suggest; request. As an adjective, immediate; proximate; by the shortest course; without circuity; operating by ...
Direct Effect
Direct Effect recently became one of Bawls featured teams and was showcased in there online and print Newsletter. Check out Bawlsstlye.com and subscribe to the Newsletter.
