The Doctrine Of Direct Effect - 1629 Words

The doctrines of direct effect and supremacy are extremely important because they require national courts to apply European Union law over any conflicting provision of national law. This essay will first consider the doctrine of direct effect, its advantages and disadvantages and it will go on examining the doctrine of supremacy, how it can be assessed and its relation with the doctrine of direct effect. Finally, some conclusion will be drawn as to how the direct effect and supremacy of Union law provisions are related to each other and how can be really helpful for individuals and member states when looking at the big picture, even if in some situations they might be seen as inappropriate. Direct effect is not expressly mentioned by any†¦show more content†¦As opposed to Van Gend en Loos which leaves the matter unresolved, Defrenne allows horizontal direct effect. Therefore, the individuals are able to invoke Treaty rights and provisions of regulations against the State and other individuals before national courts. Nonetheless, the situation is slightly different when it comes to directives. Article 288 states that a directive must be implemented into national law. Even if it does not fulfil the second criteria of the test in Van Gend en Loos about implemented measures, in the latter case of Van Duyn v Home Office it was held that directives can be directly effective provided that they are clear and unconditional. There are conditions, however, in the case of Ratti , it was held that for a directive to have direct effect on the member state the implementation deadline must have passed. In addition, in the case of Marshall , the court decided that directives can have a vertical direct effect but not a horizontal direct effect. This decision was upheld in Faccini Dori v Recreb Srl . This protects the individuals from being sued for matters that the State is responsible for. Nevertheless, these decisions were strongly contested, especially in the employment context. Why should people be able to sue their employer only if they are a public body? What about people working in the private sector? It could be argued that only members of parliamentShow MoreRelatedThe Doctrine Of Direct Effect1495 Words   |  6 PagesThe doctrine of direct effect is the primary tool by which the Court of Justice of the European Union (CJEU) enforces European Union (EU) law within member-states. However, the power of direct effect as a tool of enforcement means that the CJEU has had to resist impulses to overextend its application. This essay will argue that rather than unnecessarily undermining the doctrine of direct effect, the CJEU has skilfully managed to create an effective enforcement regime for directives while applyingRead MoreThe Doctrine Of Direct Effect And State Liability1671 Words   |  7 Pages The Issue relates to the application of the doctrine of direct effect, and possibly the application of indirect effect and state liability if require in pursuant of invoking the EU Transfer of Pensions Directive (TPD) in a UK national court (NC) in light of the UK’s national legislation which evidently fails to completely encompass the directive. Directives are a secondary source of European Union (EU) legislation which in accordance with Art 288 of the EC: are binding on the EU Member StatesRead MoreHorizontal Direct Effect805 Words   |  4 PagesHorizontal direct effect Horizontal direct effect is a legal doctrine developed by the European Court of Justice (ECJ) whereby individuals can rely on the direct effect of provisions in the Treaties, which confer individual rights, in order to make claims against other private individuals before national courts. By virtue of the doctrine of the ‘direct effect’ of Treaty provisions, individuals can rely directly on EC law before their national courts. There is no need for implementation of EC lawRead MoreDoctrine of Double Effect Essay1464 Words   |  6 PagesAlecia Rhines Doctrine of Double Effect Trident University What is the Doctrine of Double Effect? The doctrine of double effect if often invoked to explain the permissibility of an action that causes a serious harm, such as the death of a human being, as a side effect of promoting good ends. It is claimed that sometimes it is permissible to cause such harm as a side effect of bringing about a good result even though it would not be permissible to cause such harm as a means to bringing aboutRead MoreEssay on The Doctrine of Double Effect1307 Words   |  6 PagesCase Assignment: The doctrine of double effect says that the pursuit of good is not as acceptable if the harm that results is intended rather than merely foreseen (Lippert-Rasmussen, 2010). To some it is a nonabsolutist moral principle in which as long as significant good resulted from the action, it is allowable (Lippert-Ramussen, 2010). Scanlon believed that an act that leads to the death of an innocent person can never be justified by the good that results (Lippert-Ramussen, 2010). ScanlonsRead MoreThe Doctrine Of Double Effect1163 Words   |  5 PagesIntroduction to Ethics in the Healthcare Setting Doctrine of Double Effect The Doctrine of Double Effect (DDE) is utilized in the explanation of the permissibility of dealings and actions that result in impairment for example, death of a person, as a result of achieving some good at the end. This explains that it is sometimes acceptable to harm someone if the action will evoke some good at the end (Mclntyre 42). This reasoning was introduced by Thomas Aquinas but has developed and many versions ofRead MoreDirect Effect Principle1503 Words   |  7 PagesIntroduction 1 Most European Union law(hereinafter referred as EU law) textbooks showcase that the evolution of direct effect principle gave rise to various debatable issues. It is blatant that directive appears to be a double-edged sword by protecting fundamental rights guaranteed by the Union law, taken jointly, ensuring the uniform application of Union law across the Member States. Nevertheless, David appreciated that this issue became highly contentious due to the inconsistent judicialRead MoreA Situational Analysis of the US Diplomatic Efforts during President Lyndon Baines Johnsons Time in Office928 Words   |  4 Pagesthe diplomatic doctrine the president Lyndon B. Johnson followed, with reference to specific actions or events that occurred. Like any leader, President Johnson was a product of his time. As such, President Johnson operated under a pervasive, largely irrational, and dysfunctional fear of communism. The Johnson Doctrine was a decisively anti-communist approach to foreign policy that would reverberate throughout the rest of American history in the 20th century. The Johnson Doctrine of course playedRead MoreThe Doctrine Of Parliamentary Sovereignty1609 Words   |  7 Pagesendorsement of the Human Rights Act 1998 (HRA). In order to analyse this notion, it is essential to outline the traditional doctrine of Parliamentary Sovereignty. The essay will reflect upon the evidence in respect of Britain’s membership of the EU and the degree to which it affects Parliamentary Sovereignty and also reflect upon Britain’s enactment of the HRA in the same way. The doctrine of Parliamentary Sovereignty stems from the Bill of Rights 1689 which effectively established a Constitutional MonarchyRead MoreThe Cold War and Us Diplomacy1213 Words   |  5 Pagesdescribe the effect of these diplomatic efforts for the U.S. and other countries as well as assess, in conclusion, the advantages and disadvantages of the particular doctrine that was followed. What the President Did During That Time During the cold war, the president was Ronald Reagan. He, together with members of his administration, came up with a strategy designed to oppose the influence that the Soviet Union had in the world. It came to be referred to as the Reagan Doctrine. This also came