Direct applicability (EU) | Practical Law

Direct applicability (EU) | Practical Law

Direct applicability (EU)

Direct applicability (EU)

Practical Law UK Glossary w-018-9106 (Approx. 3 pages)

Glossary

Direct applicability (EU)

The ability of a piece of EU legislation to become part of a member state's national law without the need for any domestic implementing legislation.
Article 288 of the Treaty on the Functioning of the European Union (TFEU) explicitly states that EU regulations are directly applicable: they come into force and are legally binding without any action on the part of member states. Similarly, Article 288 states that EU decisions are also directly applicable, but only on those to whom they are addressed. The Court of Justice of the EU has held that EU treaties are directly applicable. In contrast, EU directives are not directly applicable, as member states must enact national implementing legislation by the transposition deadline to give effect to them.
Direct applicability is related to, but different from, the concept of direct effect.
For more information, see Practice note, EU law essentials.