Effect of the Lack of Horizontal Direct Effect of.
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The purpose of advance directives is so that you are making it your right to make decisions about your own medical care. This phrase applies to a wide range of instructions that one might make orally or written about actions that one would or would not want to be taken if one were somehow incapacitated and unable to join in making decisions (Corr et al, 2009).
The Direct Effect of Directives. The problem of Directives and Direct Effect. Conclusion 1) Unimplemented or badly implemented directives can actually have direct legal force. 2) If the directives are satisfied to the Van Gend and Ratti criteria they have vertical direct effect.
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The expansion of the doctrine of direct effect to include Directives was part of a drive of the Legal Service of the European Commission and the ECJ to strengthen the enforcement of European law. This threatened the deeper balance of competences between the European Community and its Member States and consequently led to a sharp response from the national parliaments and courts.