On Straight Application Of EC(EU) Law In Member States

The law system of EU consists of laws made by EU and laws of its member states. According to traditional theories of international law, international laws cannot be applied directly in member states and cannot be applied to citizens and juridical persons.There are four parts in this paper. The first one expounds the definition of direct application of EU law in member states. The author argues that it refers to the direct application of EU treaties and the regulations, directives and decisions promulgated by EU to its member states, citizens and juridical persons there. The second one explains the reasons EU law can be applied directly in its member states. After introducing several theories, the author draws a conclusion that direct application of EU law in member states contravenes the theories above and enriches the present theories of international law. Also the author believes that direct application of EU law in member states is the common wish of Europeans and the consequence of sovereignty remissibility. The third one discusses the conditions of direct application of EU law in member states which include ban of any additional clauses and clarity of the articles applied. The fourth one explains the connotation of straight application of EU law in member states, namely the application of general principles of law, fundamental laws and sub-laws. The fifth one deals with the European Convention of Human Right: policy of the European Community, individual claim and exhaustion of local remedies rule and the last part is the conclusion.