Topic 3

Lecture 12
12
Direct Effect

0. 1
General
12.1 Introduction to the Doctrine of
Direct Effect

12.2Effect in the Narrow Sense

Direct

Direct Applicability of EU Law: Further

12.3
Effects
2
 General Introduction to the
12.1 Doctrine of Direct Effect

Along with the doctrine

of supremacy, the
doctrine of direct effect
is one of the key
principles of EU law

Together, they constitute

the legal aspect of the
supranational character
of the EU
Supremacy/Primacy involves the idea that EU law should take
precedence over national law

Direct effect in general involves the capacity of EU law to be

invoked directly in nation-state courts

This is an unusual feature of EU law as opposed to international

law more generally. Usually, international law is not enforced
directly in national courts but is rather subject to implementation
procedures that operate at a purely international level
 One of the important
Not all textbook
pre-requisites in this
writers think the
area is to distinguish
terminology is useful
between direct effect
but it does occur in
in the broad sense or
CJEU case law and it
direct applicability
does appear to mark
and direct effect in the
out a useful distinction
narrow sense
Direct applicability or direct effect in the broad
sense can be fairly used to designate the general
capacity of EU law to be invoked in national
courts

Direct effect in the narrow sense is the capacity

of EU law to give rise to individual rights
enforceable in national law

From now on we will refer mainly to direct

applicability and direct effect for these two
different ideas
 There are different theories
about how important this
distinction is and what it
means amongst authorities
on EU law

Direct applicability,
according to Koen
Lenaerts, is necessarily
connected with the doctrine
of primacy/supremacy

If EU law claims priority in

application over
inconsistent
0.25
 1 Direct effect (in the narrow
There are 3 main effects sense) meaning conferring
stemming from the direct enforceable rights in national
applicability of EU law courts

2 The obligation to interpret 3 The exclusionary effect of EU

national law in accordance with law where EU law can be used by
EU law a party in national litigation
 Direct Effect in the Narrow Sense
12.2
 Direct Applicability of EU Law:
12.3 Further Effects