Direct Effect

Question 1

What is direct effect?

Answer 1

Doctrine which allows individuals to invoke EU law directly before a national court and challenge national action for violation of EU law.
Applies to all binding EU law - directives, regulation, treaty articles and decisions.
Judge made - not mentioned in treaties.

Question 2

Direct Applicability

Answer 2

When legal instruments/provisions take effect within national legal systems without further implementation.

Question 3

Case 26/62 Van Gend en Loos [1963] ECR 1

Answer 3

Established the doctrine of direct effect.
“the Community constitutes a new legal order of international law for the benefit of which the states have limited their sovereign rights, albeit within limited fields, and the subjects of which comprise not only Member States but also their nationals.”

Question 4

Conditions of Direct Effect

Answer 4

1. Clear
2. Precise and
3. Unconditional

Clear & unconditional, but possibility of discretion by Member States (Van Duyn – worker/public policy – judicial review)

Court has been relaxed with these requirements in some cases (e.g. Reyners – lawyer/mutual recognition/lack of implementation – clear obligation)

And strict in others (Case C-236/92 Lombardia - waste case – obligation framework, not specific measures)

Test is one of feasibility (plus a sense of what the Court wants to see enforced)

Question 5

Vertical direct effect

Answer 5

Provision of EU law is relied on by an individual against a state.

Question 6

Horizontal direct effect

Answer 6

Provision of EU law is relied on by an individual against another individual.

Question 7

Direct effect and Treaty Articles

Answer 7

Van Gend en Loos - EU law can be directly effective. Article 30 TEU is directly effective.
Whether a treaty provision is directly effective is decided on a case by case basis by ECJ.