S/L/17. Consider whether the remaining limitations on the direct effect of EC Law should be maintained

The doctrine of ´direct effectŽ of EC Law is applicable in principle at least to all binding Community law including EC Treaties, secondary legislation and international agreements. This means that provisions of EC Law which are clear, precise and unconditional can be relied upon by individuals in national courts or, more subjectively that a provision can confer individual rights. However there are difficulties with the idea of direct effect, and limitations as to where and when it will apply, the most problematic being directives. Even though there have been extensions of this idea, as seen with horizontal and indirect effect, the principle is still not without restriction. In this essay I would like to discuss what the limitations are, and whether or not they should still be maintained.