Direct Effect Principle

Decent Essays

Introduction 1

Most European Union law(hereinafter referred as EU law) textbooks showcase that the evolution of direct effect principle gave rise to various debatable issues. It is blatant that directive appears to be a double-edged sword by protecting fundamental rights guaranteed by the Union law, taken jointly, ensuring the uniform application of Union law across the Member States. Nevertheless, David appreciated that this issue became highly contentious due to the inconsistent judicial approach adopted by Court of Justice (hereinafter referred as CJEU) , consequently resulted in belittling Member States’ supremacy.
Further, Paul Craig denoted that direct effect becomes more complex in relations to directives compared to …show more content…

Vertical Direct Effect
Aforementioned, directives are capable of having binding effects for vertical relationships, having satisfied Van Gend conditions. However, apparently this discretion can be derived

3 from the definition itself, where left discretion to Member States. Paul Craig commented that this discretion poses problems for the State to balance between the conflicting aims of direct effect and leaving the manner of implementation to Member State.
However, this problem was resolved by CJEU in earlier case, Grad, conceding that the Member State potentially have the discretion to implement it until the time lapse. Ratti case clearly established the principle that the individuals is capable to rely on this rights once the time limit has expired. Furthermore, Van Gend affirmed the supremacy of community law, which later officially declared by Treaty of Lisbon through implementation of Declaration 17 to validate the supremacy status as a bedrock doctrine for Union Law, simultaneously having the effect of invalidating any contradictory national law.
Horizontal Direct Effect
Here, Takis asserted that Member States disagreed to allow this effect, further criticising the judicial approach undertaken by CJEU at that time. Following the disapproval and to deter the States from non-compliance,

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