Chapter

The Nature and Effect of EU Law:

Paul Craig and Gráinne de Búrca

in EU Law

Sixth edition

Published on behalf of © Text, Introductory Materials, Selection, and Notes Paul Craig and Gráinne de Búrca, 2015

Published in print July 2015 | ISBN: 9780198714927
Published online September 2015 | e-ISBN: 9780191811319 | DOI: https://dx.doi.org/10.1093/he/9780198714927.003.0007

Series: Text, Cases, And Materials

The Nature and Effect of EU Law:

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All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter discusses the doctrine of direct effect. In a broad sense direct effect means that provisions of binding EU law, which are sufficiently clear, precise, and unconditional to be considered justiciable, can be invoked and relied on by individuals before national courts. The legal effect of directives is complex. They have vertical but not horizontal direct effect. The ECJ has however crafted a growing number of qualifications to the proposition that directives do not have horizontal direct effect. The result is that directives can still have ‘legal effect’ on private parties in various ways through the principle of indirect effect/harmonious interpretation; incidental effect; general principles of law; and where a regulation makes reference to a directive.

Keywords: European Union; direct effect; horizontal direct effect; vertical direct effect; legal effect; indirect effect; EU directives

Chapter.  24671 words. 

Subjects: EU Law

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