European Law Summary
Week I
Learning objectives:
Get acquainted with the principles of the internal market within the EU.
Gain insight in the relationship between European Law and national law.
Refamiliarize with concepts like ‘supremacy’, ‘direct effect’, ‘indirect effect’, and ‘harmonisation’.
Direct effect vs. Indirect effect
EU law has primacy (voorrang) over national law, meaning national courts must give full effect to EU provisions.
When MS fail to implement EU law, individuals may be deprives of their EU rights. To address this, the CJEU
developed doctrines of direct effect, indirect effect, and state liability.
Direct applicability: EU rules automatically become part of national law; this does not guarantee
enforceability by individuals.
Direct effect: individuals can invoke EU law before national courts if the provision is clear, precise, and
unconditional (Van Gend en Loos).
Direct effect
Ensures EU law is effectively applied and takes precedence over conflicting national law.
Van Gend en Loos: treaty provisions can confer enforceable rights on individuals, creating a “new legal order”
where individuals and national courts participate in enforcement.
Conditions for direct effect:
1. Clear and precise – must establish obligations or rights that are clearly defined.
2. Unconditional – must not depend on further action/implementation by MS.
3. Leave no discretion to MS.
Types of EU instruments and their direct effect
Instrument Direct effect Notes
Treaty Yes Can be horizontal (private) or vertical (state).
Regulations Yes Directly applicable, generally binding.
Horizontal and vertical possible if precise and
unconditional.
Directives Conditional Vertical direct effect accepted; horizontal
direct effect controversial; may apply if
implementation is faulty. Cannot apply
before transposition deadline but MS must
avoid undermining the directive.
Decisions Yes, only against addressee Must be clear, precise, unconditional.
Recommendations & opinions No Non-binding
International agreements Conditional Only if clear, precise, unconditional.
Indirect effect
When direct horizontal effect is not possible (especially for directives), national courts must interpret domestic
law consistently with EU law to achieve its objectives.
Positive duty: align national law with directives after the transposition deadline.
Negative duty: avoid interpretations that undermine EU objectives, even before the deadline.
Internal Market & Four Freedoms
The internal market (art. 26(2) TFEU) is an area without internal borders ensuring free movement of goods,
persons, services, and capital. Achieved through:
1. Negative integration – prohibits national rules that hinder cross-border trade; relies on mutual
recognition.
2. Positive integration (harmonisation) – aligns national laws via directives for uniformity.
Week I
Learning objectives:
Get acquainted with the principles of the internal market within the EU.
Gain insight in the relationship between European Law and national law.
Refamiliarize with concepts like ‘supremacy’, ‘direct effect’, ‘indirect effect’, and ‘harmonisation’.
Direct effect vs. Indirect effect
EU law has primacy (voorrang) over national law, meaning national courts must give full effect to EU provisions.
When MS fail to implement EU law, individuals may be deprives of their EU rights. To address this, the CJEU
developed doctrines of direct effect, indirect effect, and state liability.
Direct applicability: EU rules automatically become part of national law; this does not guarantee
enforceability by individuals.
Direct effect: individuals can invoke EU law before national courts if the provision is clear, precise, and
unconditional (Van Gend en Loos).
Direct effect
Ensures EU law is effectively applied and takes precedence over conflicting national law.
Van Gend en Loos: treaty provisions can confer enforceable rights on individuals, creating a “new legal order”
where individuals and national courts participate in enforcement.
Conditions for direct effect:
1. Clear and precise – must establish obligations or rights that are clearly defined.
2. Unconditional – must not depend on further action/implementation by MS.
3. Leave no discretion to MS.
Types of EU instruments and their direct effect
Instrument Direct effect Notes
Treaty Yes Can be horizontal (private) or vertical (state).
Regulations Yes Directly applicable, generally binding.
Horizontal and vertical possible if precise and
unconditional.
Directives Conditional Vertical direct effect accepted; horizontal
direct effect controversial; may apply if
implementation is faulty. Cannot apply
before transposition deadline but MS must
avoid undermining the directive.
Decisions Yes, only against addressee Must be clear, precise, unconditional.
Recommendations & opinions No Non-binding
International agreements Conditional Only if clear, precise, unconditional.
Indirect effect
When direct horizontal effect is not possible (especially for directives), national courts must interpret domestic
law consistently with EU law to achieve its objectives.
Positive duty: align national law with directives after the transposition deadline.
Negative duty: avoid interpretations that undermine EU objectives, even before the deadline.
Internal Market & Four Freedoms
The internal market (art. 26(2) TFEU) is an area without internal borders ensuring free movement of goods,
persons, services, and capital. Achieved through:
1. Negative integration – prohibits national rules that hinder cross-border trade; relies on mutual
recognition.
2. Positive integration (harmonisation) – aligns national laws via directives for uniformity.
