European Union Regulations
EU law is used as a source of law to member states of the union. Article 288 of the (TFEU) states that, regulations expressed to have 'general application' means that it creates binding obligations to legal practitioners within the jurisdiction of the union. They create general law with the potential of affecting anyone who is within the reach. The EU law takes the nature of direct effect, which means it creates rights for individual persons without further implementation. In politi sis vs. ministry of finance, it was held that under the paragraph two of article 189; regulations shall have general applications and shall be directly applicable in all member states. Therefore, due to their nature, function and sources from community law they have a direct effect to the people; capable of creating individual rights, which should be protected by courts (Moens & Trone, 2011, p 372).Van Gend en loosthe court stated that the functioning of a treaty is to cater for direct interests of concerned parties' hence direct effect.
For direct effect to apply four conditions must be fulfilled...
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