The doctrine of ‘direct effect’: an infant disease of Community law

Through the analysis of two crucial cases ('Van Gend and Loos' and 'Simmenthal'), the author, judge at the European Court of Justice, tries to define the doctrine of 'direct effects'. After having highlighted how the same provision may at the same time have and not have direct effect, he explains if a regulation, a directive or an international agreement could have 'direct effects', citing the most relevant case-law on these issues.

Sweet and Maxwell: European Law Review http://www.sweetandmaxwell.co.uk/catalogue/productdetails.aspx?recordid=427&productid=6968

ESO: Background information: The Legal Effects of EU Agreements http://www.europeansources.info/record/the-primacy-and-direct-effect-of-eu-international-agreements/

ESO: Background Information: On the distinction between vertical and horizontal direct effects of Community Directives: What role for the principle of equality? http://www.europeansources.info/record/on-the-distinction-between-vertical-and-horizontal-direct-effects-of-community-directives-what-role-for-the-principle-of-equality/

---