Direct Effect
In Simple Terms
The principle that EU law can create rights for individuals that national courts must protect, even if the member state hasn't implemented the law.
Formal Legal Definition
A principle of EU law established in Van Gend en Loos (Case 26/62) whereby provisions of EU law that are clear, precise, and unconditional can be invoked by individuals before national courts.
Practical Example
If an EU Directive grants workers specific rights and a member state fails to implement it, workers can still rely on those rights in national courts under the principle of direct effect.
Why It Matters
Direct effect ensures that EU law is not merely theoretical but can be enforced by individuals, making it a cornerstone of the EU legal order.
Common Misunderstandings
Not all EU law provisions have direct effect. Only those that are sufficiently clear, precise, and unconditional qualify. Directives generally only have vertical direct effect (against the state).
Related Terms
How snowLEX helps with Direct Effect
snowLEX can analyze whether a specific EU provision has direct effect by examining its wording, the relevant case law, and scholarly commentary.
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