Overview: direct and indirect effect

Overview: direct and indirect effect

Direct effect
If a provision of EU law is directly effective, it gives rise to rights
upon which individuals can rely directly in the national court

Treaty articles Regulations Directives

(principle of direct effect (can be directly effective: (can be directly
established: Van Gend) Politi; Leonesio) effective: Van Duyn)

Conditions for direct Conditions for direct effect

Conditions for
effect direct effect:
Measure must be: Only vertical (no
same as for Provision must be: Implement-
sufficiently clear and horizontal) direct
Treaty articles sufficiently clear ation
precise effect (ie against
and precise and deadline
unconditional the state or a
unconditional must have
public authority)
(Van Duyn) passed (Ratti)
Can have (Marshall)
Can have vertical vertical and
(Van Gend) and horizontal
A 'public authority' or 'public body' includes a body:
horizontal (Defrenne) direct effect
direct effect made responsible, pursuant to a measure
adopted by the state, for providing a public service
under the control of the state and
having special powers beyond those which result from
the normal rules applicable in relations between
individuals (Foster)

Directives
Conditions for direct effect Consider indirect
not satisfied? effect

22Concentrate EU Law

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 Overview: direct and indirect effect

Overview: direct and indirect effect

Indirect effect
National law must be interpreted in accordance with relevant EU law
Indirect effect can overcome the limitations of direct effect, notably in relation to directives

Which national law?

Von Colson All relevant national law, whether it pre-
The principle established dates or post-dates the directive
(Marleasing)

Harmonious interpretation will not

always be possible (Wagner Miret)
But only 'so far as possible
and, in particular, there is no duty to
(Marleasing)
adopt a contra legem interpretation
(Pupino)

State liability

Francovich
Factortame III
Non-implementation
Other breaches
of a directive

Chapter 2 Supremacy, direct effect, indirect effect, and state liability 23

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