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Words: | Submitted: Mon Jun 19 2006
... a requirement for regulations to be implemented individually by each of the 15 member states, the process would be very burdensome. Similarly Craig and Burca (2003)5 argue that if it were a requirement for international measures to be separately incorporated into each national legal system before it could be legally effective then the Community would grind to a halt. It is for this reason that the EC Treaty (Art 249) provides that a regulation shall be 'directly applicable'. This means regulations shall be taken to have been incorporated into national legal system of each Member States automatically. They require no further action by Member States, and can be applied by the courts of the Member States as soon as they become operative6. As Wyatt & Dashwood (2000)7 put it, the reference to direct applicability in Article 249, "emphasises that national courts must take cognisance of regulations as legal instruments whose ...
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