Web-Companion Essential EU Law in Text: Suggested solutions to the exercises

Please find hereinafter the suggested solutions to the 64 exercises contained in the book "Tobler/Beglinger, Essential EU Law in Text, 5th edition, HVG-ORAC 2020, ISBN 978-963-258-490-4".  To give you an idea how the exercises in the book are phrased, they have been added for the first three instances. Any comments or feedback are welcome.

Showing only entries concerning chapter Part 1, E. IV. 5.. View all entries

The nature of the EU and EU law – Exercise 5

Page: 49 Chapter: Part 1, E. IV. 5.

Suggested solution:

According to Art. 288 TFEU, regulations become immediately part of national law (direct applicability). This is what distinguishes them from directives, which require implementation (i.e. unless a given Member State already has rules that are in line with the directive), in which framework the Member States enjoy a certain degree of liberty. (But it remains that some regulations will require implementing legislation, in which case normal rules of equivalence and effectiveness apply.) In its case law on the direct effect of regulations (Leonesio), the Court has used the direct applicability as an important element from which it follows that regulations are directly effective. In other words, the very nature of regulations implies direct effect.

[Relevant Charts: Chart 5/1, Chapter 6, in particular Charts 6/3 and 6/5]



Published: 13 July 2010