The Principle
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 EU article provision must:
- be clear,
- negative,
- unconditional,
- containing no reservation on the part of the member state, and
- not dependent on any national implementing measure.
If these criteria are satisfied, then the right or rights in question can be enforced before national courts. Of course whether or not any particular measure satisfies the criteria is a matter of EU law to be determined by the EU Courts.
Read more about this topic: Direct Effect
Famous quotes containing the words the principle and/or principle:
“If a being suffers there can be no moral justification for refusing to take that suffering into consideration. No matter what the nature of the being, the principle of equality requires that its suffering be counted equally with the like suffering—insofar as rough comparisons can be made—of any other being.”
—Peter Singer (b. 1946)
“Whether our feet are compressed in iron shoes, our faces hidden with veils and masks; whether yoked with cows to draw the plow through its furrows, or classed with idiots, lunatics and criminals in the laws and constitutions of the State, the principle is the same; for the humiliations of the spirit are as real as the visible badges of servitude.”
—Elizabeth Cady Stanton (1815–1902)
“The principle of all sovereignty resides essentially in the nation.”
—French National Assembly. Declaration of the Rights of Man (Sept. 1791)