EU Law I: Direct effect

From BluWiki

• Established in Van Gend en Loos case^(1963)
  • the court held that rights conferred on individuals by European Community legislation should be enforceable by those individuals in national courts
  • in the event of a conflict between national law and EC law/measures which grant individuals rights, the national courts must protect rights of individuals under EC law and the right of individuals to rely directly on EC law in a national court; reasoning EC law concerns individuals

(tbc)

1. The provision must be sufficiently clear and precisely stated,
2. It must be unconditional or non-dependent,
3. The provision must confer a specific right for the citizen to base his or her claim on

References & Links

Lecture Slides covering this topic

• Lecture 7

See also

• EU Law I: Directive
• Non- or incorrectly implemented Directive

• EU Law I
• Exam 2008