A provision of EU law is `directly applicable' if it becomes part of the national law of member states without further administrative measures in the member states. The related concept of DirectEffect indicates that certain provisions of EU law create rights and duties that can be relied on by individuals in national courts. `Direct applicability' is an institutional concept -- it concerns how law is incorporated. `Direct effect' is a remedial concept, concerning whether the law can be relied upon by individuals. The distinctions between direct effect and direct applicability have come about in an evolutionary way; most likely they were originally intended to have the same meaning.In any event, it is now established that some provisions are directly effective but not directly applicable, some are directly applicable but not directly effective, and some are both directly effective and directly applicable.
That a Regulation has direct applicability is established by Art. 249 of the ECTreaty. This has usually been taken to mean that there is direct effect, as well as direct applicability, provided the provisions are sufficiently clear.
It is equally clear that Directives do not have direct applicability -- they require specific implementation in the member states. However, Directives may have direct effect, even if they are never implemented in the member states.
Although it is not specifically stated in the Treaties themselves, it is generally accepted that Treaty provisions are directly applicable in member states
Law glossary index
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