Individuals and EU Law – Direct Effect
Effect of EU Law in Member States
Monism – international law, in general, is part of their domestic legal systems.
Article 8(1) CRP – the norms and principles of general or common
international law form an integral part of Portuguese law.
Dualism – international law only has effects domestically, to the extent that the
domestic authorities allow that to happen.
Need for incorporation of international instruments, e.g. UK.
Is EU Law International Law?
Case 26/62 Van Gend en Loos
‘The European Economic Community constitutes a new legal order of
international law for the benefit of which the states have limited their
sovereign rights, albeit within limited fields, and the subjects of which
compromise not only the member states but also their nationals.
Independently of the legislation of member states, community law not only
imposes obligations on individuals but is also intended to confer upon them
rights which become part of their legal heritage’.
EU law is a new legal order, not just another form of international law,
so member states shouldn’t deal with EU law as just another form of
international law that they can choose whether to incorporate or not.
EU law is going to be imposed on member states independently of
their will because they have agreed with the EU Treaties, and by
entering into those treaties, they have relinquished some of their
sovereignty.
Is EU Law Directly Applicable?
Direct applicability relates to whether EU law needs to be transposed to national
legislation to come into force.
Some EU norms need to be transposed, and others don’t.
Do national authorities need to implement the EU law norms though an internal
measure?
No – the norm is directly applicable.
Treaty provisions.
Regulations.
Decisions.
Yes – the norm is not directly applicable.
Directives.
Does EU Law Have Direct Effect?
Effect of EU Law in Member States
Monism – international law, in general, is part of their domestic legal systems.
Article 8(1) CRP – the norms and principles of general or common
international law form an integral part of Portuguese law.
Dualism – international law only has effects domestically, to the extent that the
domestic authorities allow that to happen.
Need for incorporation of international instruments, e.g. UK.
Is EU Law International Law?
Case 26/62 Van Gend en Loos
‘The European Economic Community constitutes a new legal order of
international law for the benefit of which the states have limited their
sovereign rights, albeit within limited fields, and the subjects of which
compromise not only the member states but also their nationals.
Independently of the legislation of member states, community law not only
imposes obligations on individuals but is also intended to confer upon them
rights which become part of their legal heritage’.
EU law is a new legal order, not just another form of international law,
so member states shouldn’t deal with EU law as just another form of
international law that they can choose whether to incorporate or not.
EU law is going to be imposed on member states independently of
their will because they have agreed with the EU Treaties, and by
entering into those treaties, they have relinquished some of their
sovereignty.
Is EU Law Directly Applicable?
Direct applicability relates to whether EU law needs to be transposed to national
legislation to come into force.
Some EU norms need to be transposed, and others don’t.
Do national authorities need to implement the EU law norms though an internal
measure?
No – the norm is directly applicable.
Treaty provisions.
Regulations.
Decisions.
Yes – the norm is not directly applicable.
Directives.
Does EU Law Have Direct Effect?
