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 word principle:
“Life is a game in which the rules are constantly changing; nothing spoils a game more than those who take it seriously. Adultery? Phooey! You should never subjugate yourself to another nor seek the subjugation of someone else to yourself. If you follow that Crispian principle you will be able to say “Phooey,” too, instead of reaching for your gun when you fancy yourself betrayed.”
—Quentin Crisp (b. 1908)
“A certain secret jealousy of the British Minister is always lurking in the breast of every American Senator, if he is truly democratic; for democracy, rightly understood, is the government of the people, by the people, for the benefit of Senators, and there is always a danger that the British Minister may not understand this political principle as he should.”
—Henry Brooks Adams (1838–1918)