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2 - Van Gend en Loos, 1963

Direct Effect

Published online by Cambridge University Press:  04 November 2020

William Phelan
Affiliation:
Trinity College Dublin
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Summary

This chapter discusses the Court’s 1963 judgment, Van Gend en Loos, where the Court declared that European law could be relied upon by private individuals before their national courts. The direct effect of European law is often understood as empowering private individuals and national courts, as supplementing the European Commission-initiated compliance procedure set out in Article 169 of the Treaty of Rome, and increasing the binding nature of European law. This chapter demonstrates that the direct effect of European law was also directly connected to the Court’s rejection of the possibility of inter-state retaliation within the European Economic Community. This is demonstrated both by advocacy of direct effect for other trade-related treaty systems, where reformers often wish to suppress retaliatory enforcement mechanisms, and by the writings of judge Lecourt, which demonstrate that this important aspect of direct effect was well recognized by one of the Court’s then most influential judges.

Type
Chapter
Information
Great Judgments of the European Court of Justice
Rethinking the Landmark Decisions of the Foundational Period
, pp. 31 - 57
Publisher: Cambridge University Press
Print publication year: 2019

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  • Van Gend en Loos, 1963
  • William Phelan, Trinity College Dublin
  • Book: Great Judgments of the European Court of Justice
  • Online publication: 04 November 2020
  • Chapter DOI: https://doi.org/10.1017/9781108615020.003
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  • Van Gend en Loos, 1963
  • William Phelan, Trinity College Dublin
  • Book: Great Judgments of the European Court of Justice
  • Online publication: 04 November 2020
  • Chapter DOI: https://doi.org/10.1017/9781108615020.003
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Van Gend en Loos, 1963
  • William Phelan, Trinity College Dublin
  • Book: Great Judgments of the European Court of Justice
  • Online publication: 04 November 2020
  • Chapter DOI: https://doi.org/10.1017/9781108615020.003
Available formats
×