Practice question · Multiple choice
EU law distinguishes direct applicability from direct effect. What follows from this distinction when an individual invokes an untransposed directive against a public authority?
Hints
- Does an act need to enter domestic law automatically in order to create rights an individual can claim in court?
- Who is the defendant when an individual seeks to rely directly on an untransposed European directive?
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C. Direct effect allows enforcement even though the measure lacks direct applicability
Why
Direct applicability concerns whether an act forms part of national law automatically, whereas direct effect concerns justiciable rights for individuals. Directives lack direct applicability by design, yet untransposed provisions may still be invoked vertically against the state under Van Gend en Loos and related case law.
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