Chapter

Direct Effect, Indirect Effect, Supremacy and the Evolving Constitution of the European Union

Sacha Prechal

in The Fundamentals of EU Law Revisited

Published in print March 2007 | ISBN: 9780199226221
Published online March 2012 | e-ISBN: 9780191696206 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199226221.003.0003

Series: Collected Courses of the Academy of European Law

Direct Effect, Indirect Effect, Supremacy and the Evolving Constitution of the European Union

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This chapter analyzes the varied meanings of the principle of direct effect, uncertainties about the scope of supremacy, and the ‘radiation effect’ of the reasoning and rationale of principles developed under the First pillar to the Third pillar (PJC) resulting in a rapprochement between EC and non-Community EU law. This comes together in a detailed discussion of the case of Pupino, a decision under the Third pillar, where the Court ruled that the doctrine of consistent interpretation applies equally to Framework Decisions but is limited by general principles of law and fundamental rights.

Keywords: EU law; EC law; Pupino; direct effect; supremacy; Framework Decisions

Chapter.  19081 words. 

Subjects: EU Law

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