What is Article 21 of the TFEU?
What is Article 21 of the TFEU?
Article 21 — (ex Article 18 TEC) Every citizen of the Union shall have the right to move and reside freely within the territory of the Member States, subject to the limitations and conditions laid down in the Treaties and by the measures adopted to give them effect.
Which EU legal act always has direct effect?
Regulations. Regulations always have direct effect. Indeed, Article 288 of the Treaty on the Functioning of the European Union specifies that regulations are directly applicable in Member States. The Court clarified in its Politi v Ministero delle finanze judgment that this is a complete direct effect.
Do EU decisions have direct effect?
EU treaty provisions, regulations and decisions are capable of both vertical and horizontal direct effect. Directives can generally only have vertical direct effect. For a directive to have direct effect, there is a further requirement that the time limit for implementation by member states has expired.
What did Article 21 says?
No person shall be deprived of his life or personal liberty except according to procedure established by law, nor shall any person be denied equality before the law or the equal protection of the laws within the territory of India.
How do you cite TFEU?
Consolidated versions of the Treaty on European Union and the Treaty on the Functioning of the European Union (TFEU) [2016] OJ C202/1. Include both the formal and shortened names of the treaty (if the latter exist) in the first reference to a treaty.
When can direct effect be used?
Direct effect refers to whether individuals can rely on the EU law in domestic courts. There are two types of direct effect – vertical and horizontal. Vertical direct effect means that you can use EU legislation against a member state.
What is direct and indirect effect EU law?
Indirect effect arises from the failure of a member state to implement a directive—either correctly or at all—but where direct effect cannot apply because the party against whom the directive is sought to be enforced is a private entity or otherwise fails to meet the conditions which would give the directive direct …
What is the difference between direct and indirect effect in EU law?
The indirect effect arises from the failure of a member state to implement a directive—either correctly or at all—but where the direct effect cannot apply because the party against whom the directive is sought to be enforced is a private entity or otherwise fails to meet the conditions which would give the directive …
What are the 4 freedoms of movement?
The four fundamental freedoms as they are known today are: the free movement of goods, persons, services and capital. They are a part of the European Single Market and were first described in the Treaty of Rome in 1957.
Do you wish to exercise your right to freedom of movement meaning?
Freedom of movement, mobility rights, or the right to travel is a human rights concept encompassing the right of individuals to travel from place to place within the territory of a country, and to leave the country and return to it.