Practical Importance of the Horizontal Applicability of the EU Regulation and Directive Cover Image

Практически важни особености на хоризонталната приложимост на регламента и директивата
Practical Importance of the Horizontal Applicability of the EU Regulation and Directive

Author(s): Atanas Semov
Subject(s): Law, Constitution, Jurisprudence, Law on Economics, EU-Legislation
Published by: Университет за национално и световно стопанство (УНСС)
Keywords: Horizontal Relations;Applicability; Application; Enforcement; Indirect Influence; Field of Application; Scope; Apparently Internal Situations; Regulation;Directive

Summary/Abstract: The EU is "economy through law". The EU legal is immediately applicable with direct effect and primacy. It has also an indirect influence/ incidence - over many relations that it does not regulate directly but affects. The requirements of a uniform and correct application are existential. EU law imposes also consistent interpretation (interpretation conforme, fr.) of all internal legal norms in the field of its scope. The lawyer is supposed to be fully able to decide the "apparently internal situations". The problem is sensible in the "frontier" fields. So, the distinction between the regulation and the directive as to the applicability (invocabilité, fr) in horizontal situations in decisive.

  • Issue Year: 2021
  • Issue No: 1
  • Page Range: 5-23
  • Page Count: 19
  • Language: Bulgarian