THE DIRECT EFFECT OF EUROPEAN DIRECTIVES: TOWARDS THE FINAL ACT?
In: Columbia Journal of European Law, Jg. 13 (2007-04-01), S. 401
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INTRODUCTION The most significant achievement (marked by the famous statement of the E.C.J. in van Gend & Loos) 1 of the European Court of Justice has been to integrate European Community Law, at least in part, into the domestic legal orders of the Member States. This has occurred notwithstanding the fact that some states have traditionally been strong advocates of a dualistic concept governing the relationship between national and international law. This integration not only includes provisions of the EC-Treaty itself, but also secondary law passed in accordance with the primary provisions. With respect to the latter, three doctrines which every law student is familiar with are (1) that Directives normally have to be transposed into national law, but (2) on the occasion of a Member State's failure to do so Directives can have direct effect on an individual if they satisfy certain conditions. But this only holds true with regard to (3) non-horizontal legal relationships, i.e. direct effect must not allow an individual to invoke rights vis-a-vis another individual. As with many legal concepts, on closer scrutiny this seemingly clear doctrinal trinity rapidly degenerates into a considerable state of confusion. This confusion is mainly caused by the E.C.J. case law's lack of theoretical coherence on direct effect, which has resulted in a principle with exceptions, qualifications and counter-qualifications. 2 Against a background of the justification of direct effect as such, this article identifies whether doctrine (3), concerned with the non-horizontal limitation on direct effect, can ...
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THE DIRECT EFFECT OF EUROPEAN DIRECTIVES: TOWARDS THE FINAL ACT?
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Autor/in / Beteiligte Person: | Becker, Florian |
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Zeitschrift: | Columbia Journal of European Law, Jg. 13 (2007-04-01), S. 401 |
Veröffentlichung: | 2007 |
Medientyp: | academicJournal |
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