- published: 05 Jan 2015
- views: 13550
Direct effect is the principle of European Union law according to which provisions of Union law may, if appropriately framed, confer rights on individuals which the courts of European Union member states are bound to recognise and enforce. Not explicitly stated in any of the EU Treaties, the principle of direct effect was first established in relation to provisions of those treaties by the European Court of Justice in Van Gend en Loos v. Nederlandse Administratie der Belastingen. Direct effect has subsequently been loosened in its application to treaty articles and the ECJ has expanded the principle, holding that it is capable of applying to virtually all of the possible forms of EU legislation, the most important of which are regulations and in certain circumstances to directives.
The ECJ first articulated the doctrine of direct effect in the case of Van Gend en Loos, the European Court of Justice laid down the criteria (commonly referred to as the "Van Gend criteria") for establishing direct effect. The provision must:
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