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Direct Effect and Supremacy of Community Law

Andrew Macnab, Monckton Chambers, considers the basic principles of direct effect and supremacy of community law and how they apply in the VAT field

 
Andrew Macnab Monckton Chambers considers the basic principles of direct effect and supremacy of community law and how they apply in the VAT field
 
VAT is derived from European legislation (primarily the Sixth Directive1). Traders can derive directly effective rights and remedies from directives and general Community law (the doctrine of direct effect) which VAT Tribunals and higher courts must protect at the expense of domestic law (the doctrine of supremacy). This article considers the limits of those doctrines and some consequences of asserting a directly effective right.
Direct effect
 
Only directly...

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