8. The Nature and Effect of EU Law: Direct Effect and Beyond

EU Law ◽  
2020 ◽  
pp. 217-261
Author(s):  
Paul Craig ◽  
Gráinne de Búrca
Keyword(s):  
Direct Effect ◽  
Indirect Effect ◽  
Fundamental Rights ◽  
Eu Law ◽  
National Courts ◽  
Legal Effect ◽  
General Principles Of Law ◽  
The Uk ◽  
Horizontal Direct Effect ◽  
Academic Debate

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter discusses the doctrine of direct effect. In a broad sense direct effect means that provisions of binding EU law, which are sufficiently clear, precise, and unconditional to be considered justiciable, can be invoked and relied on by individuals before national courts. The legal effect of directives is complex. They have vertical but not horizontal direct effect. The ECJ has however crafted a growing number of qualifications to the proposition that directives do not have horizontal direct effect. The result is that directives can still have ‘legal effect’ on private parties in various ways through the principle of indirect effect/harmonious interpretation; incidental effect; fundamental rights; general principles of law; and where a regulation makes reference to a directive. The UK version contains a further section analysing issues concerning direct effect in relation to the UK post-Brexit.

8. The Nature and Effect of EU Law: Direct Effect and Beyond

EU Law ◽  
2020 ◽  
pp. 225-271
Author(s):  
Paul Craig ◽  
Gráinne de Búrca
Keyword(s):  
Direct Effect ◽  
Indirect Effect ◽  
Fundamental Rights ◽  
Eu Law ◽  
National Courts ◽  
Legal Effect ◽  
General Principles Of Law ◽  
The Uk ◽  
Horizontal Direct Effect ◽  
Academic Debate

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter discusses the doctrine of direct effect. In a broad sense direct effect means that provisions of binding EU law, which are sufficiently clear, precise, and unconditional to be considered justiciable, can be invoked and relied on by individuals before national courts. The legal effect of directives is complex. They have vertical but not horizontal direct effect. The ECJ has however crafted a growing number of qualifications to the proposition that directives do not have horizontal direct effect. The result is that directives can still have ‘legal effect’ on private parties in various ways through the principle of indirect effect/harmonious interpretation; incidental effect; fundamental rights; general principles of law; and where a regulation makes reference to a directive. The UK version contains a further section analysing issues concerning direct effect in relation to the UK post-Brexit.

7. The Nature and Effect of EU Law:

2015 ◽  
Author(s):  
Paul Craig ◽  
Gráinne de Búrca
Keyword(s):  
Direct Effect ◽  
Indirect Effect ◽  
Broad Sense ◽  
Eu Law ◽  
National Courts ◽  
Legal Effect ◽  
General Principles Of Law ◽  
Horizontal Direct Effect ◽  
Academic Debate

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter discusses the doctrine of direct effect. In a broad sense direct effect means that provisions of binding EU law, which are sufficiently clear, precise, and unconditional to be considered justiciable, can be invoked and relied on by individuals before national courts. The legal effect of directives is complex. They have vertical but not horizontal direct effect. The ECJ has however crafted a growing number of qualifications to the proposition that directives do not have horizontal direct effect. The result is that directives can still have ‘legal effect’ on private parties in various ways through the principle of indirect effect/harmonious interpretation; incidental effect; general principles of law; and where a regulation makes reference to a directive.

4. Enforcing EU law rights in national courts

2017 ◽  
Author(s):  
Elspeth Berry ◽  
Matthew J. Homewood ◽  
Barbara Bogusz
Keyword(s):  
Direct Effect ◽  
Indirect Effect ◽  
Eu Law ◽  
National Courts ◽  
Wide Range ◽  
Complete Series ◽  
Explanatory Text ◽  
State Liability ◽  
The Relationship ◽  
Primary Materials

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the development of the concepts of the direct effect and indirect effect of EU law—in other words, the rights of an individual or business to rely on a provision of EU law in their national courts; the rules that apply to the grant of remedies in national courts for breach of directly or indirectly effective EU law; and the relationship between direct and indirect effect, and the principle of State liability.

5. Principles of direct applicability and direct effects

2017 ◽  
Author(s):  
Lorna Woods ◽  
Philippa Watson ◽  
Marios Costa
Keyword(s):  
European Union ◽  
Direct Effect ◽  
Indirect Effect ◽  
Case Law ◽  
Direct Effects ◽  
Eu Law ◽  
National Courts ◽  
Court Of Justice ◽  
Eu Directives ◽  
Direct Applicability

This chapter examines the scope of the doctrines of direct and indirect effect in the context of European Union (EU) law. These doctrines allow individuals to rely on EU law rights in national courts. It explains that while the Court of Justice (CJ) has emphasised that EU directives cannot have direct effect as against individuals (horizontal effect), its case law shows a range of developments which operate to undermine the simplicity of this position. The chapter suggests that granting individuals and national courts a role in the enforcement of Union law has ensured that EU law is applied and Union rights are enforced. It also considers questions concerning the idea of incidental direct effect, triangular situations and the consequences of the line of jurisprudence starting with the judgments in Mangold (case C-144/04) and Kücükdeveci (case C-555/07).

10. The Relationship Between EU Law and National Law: Supremacy

EU Law ◽  
2020 ◽  
pp. 303-352
Author(s):  
Paul Craig ◽  
Gráinne de Búrca
Keyword(s):  
Legal Order ◽  
Common Market ◽  
European Court Of Justice ◽  
Eu Law ◽  
National Courts ◽  
Court Of Justice ◽  
European Court ◽  
The Uk ◽  
The Relationship ◽  
Academic Debate

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter discusses the doctrine of supremacy of EU law, which was developed by the European Court of Justice (ECJ) based on its conception of the ‘new legal order’. The ECJ ruled that the aim of creating a uniform common market between different states would be undermined if EU law could be made subordinate to national law of the various states. The validity of EU law can therefore, according to the ECJ, never be assessed by reference to national law. National courts are required to give immediate effect to EU law, of whatever rank, in cases that arise before them, and to ignore or to set aside any national law, of whatever rank, which could impede the application of EU law. Thus, according to the ECJ, any norm of EU law takes precedence over any provision of national law, including the national constitutions. This broad assertion of the supremacy of EU law has not however been accepted without qualification by national courts, and the chapter examines the nature of the qualifications that have been imposed by some national courts. The UK version contains a further section analysing the relevance of the supremacy of EU law in relation to the UK post-Brexit.

5. Principles of direct applicability and direct effects

2020 ◽  
pp. 111-143
Author(s):  
Marios Costa ◽  
Steve Peers
Keyword(s):  
European Union ◽  
Direct Effect ◽  
Indirect Effect ◽  
Case Law ◽  
Direct Effects ◽  
Eu Law ◽  
National Courts ◽  
Court Of Justice ◽  
Eu Directives ◽  
Direct Applicability

This chapter examines the scope of the doctrines of direct and indirect effect (including ‘direct applicability’) in the context of European Union (EU) law. These doctrines allow individuals to rely on EU law rights in national courts. It explains that while the Court of Justice (CJ) has emphasised that EU directives can apply against the state (vertical direct effect: starting with the Van Gend case), but cannot have direct effect as against individuals (horizontal effect), its case law shows a range of developments which operate to undermine the simplicity of this position. The chapter suggests that granting individuals and national courts a role in the enforcement of Union law has ensured that EU law is applied and Union rights are enforced. It also considers questions concerning the idea of incidental direct effect, triangular situations and the consequences of the line of jurisprudence starting with the judgments in Mangold (case C-144/04) and Kücükdeveci (case C-555/07).

4. Enforcing EU law rights in national courts

2019 ◽  
pp. 122-195
Author(s):  
Elspeth Berry ◽  
Matthew J. Homewood ◽  
Barbara Bogusz
Keyword(s):  
Direct Effect ◽  
Indirect Effect ◽  
Eu Law ◽  
National Courts ◽  
Wide Range ◽  
Complete Series ◽  
Explanatory Text ◽  
State Liability ◽  
The Relationship ◽  
Primary Materials

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the development of the concepts of the direct effect and indirect effect of EU law—in other words, the rights of an individual or business to rely on a provision of EU law in their national courts; the rules that apply to the grant of remedies in national courts for breach of directly or indirectly effective EU law; and the relationship between direct and indirect effect, and the principle of State liability.

14. Preliminary Rulings

EU Law ◽  
2020 ◽  
pp. 515-559
Author(s):  
Paul Craig ◽  
Gráinne de Búrca
Keyword(s):  
Direct Effect ◽  
National Court ◽  
European Court Of Justice ◽  
Preliminary Ruling ◽  
Eu Law ◽  
The European Union ◽  
Legal Norms ◽  
National Courts ◽  
European Court ◽  
The Uk

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter focuses on Article 267 of the Treaty on the Functioning of the European Union, which contains the preliminary ruling procedure. Article 267 has been of seminal importance for the development of EU law. It is through preliminary rulings that the European Court of Justice (ECJ) has developed concepts such as direct effect and supremacy. Individuals assert in national courts that the Member State has broken a Union provision, which gives them rights that they can enforce in their national courts. The national court seeks a ruling from the ECJ whether the particular EU provision has direct effect, and the ECJ is thereby able to develop the concept. Article 267 has been the mechanism through which national courts and the ECJ have engaged in a discourse on the appropriate reach of EU law when it has come into conflict with national legal norms. The UK version contains a further section analysing the extent to which the preliminary reference system is relevant in relation to the UK post-Brexit.

7. Doctrines of European Union law: direct effect, supremacy, state liability for breach of EU law and other remedies

2021 ◽  
pp. 186-248
Author(s):  
Margot Horspool ◽  
Matthew Humphreys ◽  
Michael Wells-Greco
Keyword(s):  
European Union ◽  
Direct Effect ◽  
Indirect Effect ◽  
International Agreements ◽  
Eu Law ◽  
European Union Law ◽  
Member States ◽  
State Liability ◽  
The Uk ◽  
Selection Of

This chapter examines the main doctrines or principles of EU law. It is divided into three sections. It starts with a discussion on the principle of direct effect and indirect effect, with reference to regulations, directives and international agreements. It then considers the doctrine of supremacy or primacy of EU law with reference to a selection of Member States and the UK. The chapter also considers state liability for breach of EU law, and other remedies.

13. Preliminary Rulings

2015 ◽  
Author(s):  
Paul Craig ◽  
Gráinne de Búrca
Keyword(s):  
Direct Effect ◽  
National Court ◽  
European Court Of Justice ◽  
Eu Law ◽  
The European Union ◽  
Legal Norms ◽  
National Courts ◽  
Court Of Justice ◽  
European Court ◽  
Academic Debate

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter focuses on Article 267 of the Treaty on the Functioning of the European Union, which contains the preliminary ruling procedure. Article 267 has been of seminal importance for the development of EU law. It is through preliminary rulings that the European Court of Justice (ECJ) has developed concepts such as direct effect and supremacy. Individuals assert in national courts that the Member State has broken a Union provision, which gives them rights that they can enforce in their national courts. The national court seeks a ruling from the ECJ whether the particular EU provision has direct effect, and the ECJ is thereby able to develop the concept. Article 267 has been the mechanism through which national courts and the ECJ have engaged in a discourse on the appropriate reach of EU law when it has come into conflict with national legal norms.

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