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Essay / Research Paper Abstract
This 12 page paper critically discuss the complexities engendered any the extension of the notion of direct effect to directives under EU law and suggests ways by which the ECJ could and have resolved these complexities. The bibliography cites 18 sources.
Page Count:
6 pages (~225 words per page)
File: TS14_TEexdirect.rtf
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Unformatted sample text from the term paper:
proportionality there is a great deal of latitude left to the nation states in determining how to implement EU law, meaning that in the different nations states the same result
may be gained through numerous different tools. The doctrine of direct effect has developed over time, initially seen in case law and then enshrined in legislation, as a way of
ensuring that there is the ability of the citizens of the member states to have the ability to rely on the superior source of law even where local governments are
lax or reluctant in implementing the will of the Commission. However, there does appear to be a difficulty with the sue fo direct effect and for the expansion of this
to take place there needs to be a firmer basis on which decision are made with reference to this doctrine. To consider how the complexities engendered by the extension
of the notion of direct effect to Directives and consider ways in which the ECJ could resolve these complexities we need to look at the way it has developed and
is used today. The doctrine of direct effect is not embedded within any treaties. The origins of the doctrine are in the
case Case 26/62 Van Gend en Loos v. Nederlandse Administratie der Belastingen [1963] E.C.R. 1 (Craig and de Burca, 2002, Lenz, 2000). The purpose was to establish the role individuals
would have in the enforcement of the law on an everyday basis (Lenz, 2000). The active role that is incumbent on citizens
in the enforcement of EU law originates with this case, this is also know as sui generis character of EU law; the judgements that are made are important at the
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