Question: Direct effect is an important principle created by the European Court of Justice. It is a novel legal concept that follows on from the principle of the supremacy of European law.
Critically review the requirements for direct effects of European Union law.
Answer: I. INTRODUCTION
Lord Denning once noted that “the EEC treaty is like an incoming tide. It flows into the estuaries and up the rivers. It cannot be held back.” The eminent jurist’s prescient observation may well have had the doctrine of ‘direct effect’ in mind. While the collective treaties of the European Union are silent as to the meaning of the concept, the European Court of Justice (hereafter, “ECJ”) has not only defined the doctrine of direct effect of European community measures, the ECJ has assertively applied the novel legal concept to achieve the aims of the treaties entered into by the member states of the Union. This essay will first define the doctrine of direct effect and discuss how the concept applies to various community measures such as regulations, decisions, and directives. Second, the essay will discuss the concepts of ‘vertical’ and ‘horizo...(short extract)
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- Subject: Law
- Course: European Union Law
- Level: Degree
- Year: 2nd/3rd
- Mark: 70%
- Words: 2440
- Date submitted: March 18, 2014
- Date written: March, 2011
- References: Yes
- Document type: Essay*
- Essay ID: 5498
