Direct effect in the EU Law - Essay Example

Comments (0) Cite this document
the DoctrIne of DIrect effect In eu law Introduction From the small six-member European Economic Community (EEC) to the current European Union (EU) with twenty-seven member-states, the signatories to the Treaty on European Union had struggled to integrate the general provisions of EU law into the legal system of member states…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER95.3% of users find it useful
Direct effect in the EU Law
Read TextPreview

Extract of sample "Direct effect in the EU Law"

Download file to see previous pages This paper shall discuss the development of the doctrine of direct effect, the issues arising therefrom, and how the European Court of Justice resolved them. Moreover, it shall examine the dynamics in the relationship between the EU and the member-states and their individual citizens. Finally, it shall look into how the courts settle issues with regard to conflict arising from the implementation or non-implementation of EU laws and directives. Supremacy of EU Law The principle of supremacy of the EU law holds that in the event of conflict between the provisions of EU law and domestic law, the EU law shall prevail.1 This principle is anchored on the fact that when states signed the treaty creating the former EEC, the members had also signed off a part of their sovereignty to create a new sovereign that can bind both the state and its individual citizens.2 The Preamble of the Treaty on European Union declared in no uncertain terms that it aims to “establish a citizenship common to nationals of their countries”3 and create “an even closer union among the peoples of Europe, in which decisions are taken as closely as possible to the citizen in accordance with the principle of subsidiarity.”4 Finally, the supremacy of EU law is sanctioned by the Treaty on European Union itself which mandates all states to “facilitate the achievement of the Community’s tasks… [and] abstain from any measure which could jeopardise the attainment of the objectives of this Treaty.”5 Aptly, the European Court of Justice interpreted the foregoing provision as a conferment of legal and enforceable rights unto the individual citizens of member states. EU treaties produce direct effects and “individual rights which national courts must protect.”6 Needless to state, concomitant with the exercise of these rights is compliance with the obligations created by virtue of the Treaty. Doctrine of Direct Effect The landmark case of Van Gend en Loos saw the birth of the doctrine of direct effect which made the EU law a reliable source of statutory rights and obligations for parties litigating cases before domestic courts. In particular, the Court ruled that Article 30 of the Treaty on the Functioning of the European Union (TFEU) which prohibits the imposition of custom duties within the Union has confered rights upon the individual nationals which may not be impaired by domestic laws and which may be invoked before national courts.7 Apparently, the realm of treaties does not end with member states; it extends further to individual citizens, vested rights and imposed obligations alike. The court has upheld the rights acquired by individual citizens by virtue of the provisions of the Treaty and declared that it “must be interpreted as producing direct effects and creating individual rights which national courts must protect.”8 Van Gend en Loos became the controlling jurisprudence insofar as direct effect of treaties is concerned. However, subsequent cases had pushed the bar and thus expanded the doctrine’s application to include other forms of EU legislations. Seven years after the 1963 case of Van Gend en Loos, the Court ruled in the case of Grad v Finanzamt Traunstein that provisions of Council Decisions are also capable of “producing direct effects in the legal relationships between the member states to which the decision is addressed and those subject to their jurisdiction.” ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
(“Direct effect in the EU Law Essay Example | Topics and Well Written Essays - 2500 words”, n.d.)
Retrieved from
(Direct Effect in the EU Law Essay Example | Topics and Well Written Essays - 2500 Words)
“Direct Effect in the EU Law Essay Example | Topics and Well Written Essays - 2500 Words”, n.d.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Direct effect in the EU Law

EU law

...will investigate the complaint and call for explanation from the Member State. If the explanation is not satisfactory, the Commission can order the Member State to comply with the Directive within one month failing which the matter can be referred to the European Court of Justice (ECJ) by the Commission. In the case adverse finding against the State, the ECJ can order the Member State to give compensation to the individual. ECJ’s decision is final and there will be no further appeal.2 Under the EU law, a “direct effect” action is available for union citizen. Direct effect is a principle under EU...
7 Pages(1750 words)Essay

EU Law

...prohibiting fur farming and restricting the entry of fur products in its territory is indeed a hindrance to competition. It is clear that its intention is to impede, prevent or reduce patronage of products source from other Member States which is contrary to the EU’s objective of a single and integrated market. This would promote locally produce products giving it undue economic advantage. Thus, the act of Sagoland falls within the prohibition of Article 34 TFEU. II. Measures of another Member State to protect the health and life of the animals found in the other Member State cannot be justified under Article 36 TFEU. National law of Sagoland intended to protect the life and health of animals found...
20 Pages(5000 words)Essay

EU law

...? EU LAW –AN ANALYSIS Problem A In European Union, the most important legislative instruments are regulations and directives. A regulation is a general rule that is obligating upon member nations in whole and is directly applicable to all member states. Obligating in whole connotes that the member states has no preference as to method and form. On the other hand, directives are general rule, but they are binding as to their result. For each member state, it is expected, a directive is obligating as to the outcome to be accomplished. As to the choice to method and form, the institutions of the member states can exercise their power. There is less clarity...
11 Pages(2750 words)Assignment

EU law

...EU LAW Summary The paper provides the meanings of the direct and indirect effect of EU law at national level. It additionally describes the legal instruments that are affected by the above two and the conditions that have to be satisfied in order to ensure their effects are felt within the legal system. Finally, the paper provides a description of the actions that can be taken against the member countries of the European Union in ensuring that they do not breach the union’s laws. Introduction Businesses and individuals have been offered a variety of mechanisms and laws for ensuring that...
3 Pages(750 words)Essay


...the union has a directive on the right of the citizens of the union to move freely within the member states, Antoine has full right to exercise his right to be employed by the restaurant in London. All these parties after their rights have been infringed by the decision of the national authority as for Claude and Marie, and by fellow citizens as for Antoine, they have to seek redress first by appealing through the means provided by its national legislation. The EU law on free movement of workers can be invoked in national proceedings before the national authorities and courts. In a related scenario, Case C-434/09 McCarthy v Secretary of State for the Home Department Ms McCarthy, a...
10 Pages(2500 words)Essay

EU Law - Incidental Direct effect and indirect effect

...EU Law- Incidental Direct Effect and Indirect Effect The objective of the essay is to determine whether Bob and Martin can use EU law in providing a fibre optic cable for Bob and a high speed broadband for Martin. The issue regarding Bob is on the application of the direct effect on a regulation. The EU passes a regulation (fictitious) requiring the replacement of the current copper wire network with fibre optic cable through out the UK. The deadline for the replacement of copper wire is December 2013. GB Open Search is entrusted with installing the fibre optic cable...
10 Pages(2500 words)Essay

EU Law

...?EU Law: Katisa and Elijah The main issues for Katisa and Elijah are the free movement of goods, services and people within the single market of the EU and EU law relating to the direct effect of the Directive. Katisa’s issues falls more broadly within the EU’s general prohibition against quantitative restrictions in support of a single market.1 As Kennedy argues, the free movement of goods is “one of the principle features of the EU.”2 The law relating to quantitative restrictions is contained in Articles 34-36 of the Treaty on the Functioning of the...
3 Pages(750 words)Coursework

EU Law

...private individuals sought a remedy which was not included in the Directive. The Court held that a non implemented Directive could be relied upon in a case between individuals. The House of Lords confirmed this view in Webb v EMO Cargo [1994] in a case dealing with sexual discrimination. Regardless of who the employer is (State or Private) where the State has failed to implement a Directive or has done so inadequately the national court is required to: […] interpret their national law in the light of the wording and the purpose of the Directive in order to achieve the result referred to in the third paragraph of Article [249]. Von Coulson and Kamann v...
10 Pages(2500 words)Essay


...Therefore, in conclusion, in respect of Scenario Eastern Interiors and the other company will not have much re under EU Law, since the matter concerns an EU regulation. All EU Regulations have a direct effect within the Member States and will be fully applicable and automatically implemented by them. Hence the law in the Member State that depends upon the Regulation will be determined by the terms specified within the Regulation itself and there is little scope for any modification by the Member State. According to the ECJ ruling in the case of Van Gend, European Community regulations can and must be tried before...
13 Pages(3250 words)Essay

EU law

...or administrative action) or practice attributable to a Member State which they consider incompatible with a provision or a principle of Community law.” (Exercise Your Rights. (2008). Conditions of direct effect of directives: Therefore considering the First part of the question, it could be well within the prerogatives of EU laws for the members of the gardening club (directly affected) and the local residents (indirectly affected) to bring action against UK government for violation of deemed European Commission directives. According to conditions of direct effect of...
9 Pages(2250 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Direct effect in the EU Law for FREE!

Contact Us