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:
“Custom, then, is the great guide of human life. It is that principle alone, which renders our experience useful to us, and makes us expect, for the future, a similar train of events with those which have appeared in the past.”
—David Hume (1711–1776)
“I often wish for the end of the wretched remnant of my life; and that wish is a rational one; but then the innate principle of self-preservation, wisely implanted in our natures, for obvious purposes, opposes that wish, and makes us endeavour to spin out our thread as long as we can, however decayed and rotten it may be.”
—Philip Dormer Stanhope, 4th Earl Chesterfield (1694–1773)