Direct Effect: Convergence or Divergence? A Comparative Perspective
Jan H. Jans
University of Groningen - Department of Administrative Law and Public Administration, Faculty of Law
J. M. Prinssen
University of Amsterdam - Faculty of Law
May 25, 2009
DIRECT EFFECT: RETHINKING A CLASSIC OF EC LEGAL DOCTRINE, J.M. Prinssen, LL.M & Dr. Annette Schrauwen, eds., pp. 105-126, Groningen, 2002
It is somewhat surprising that there are still major differences in the way national courts apply one of the key doctrines of European law: the doctrine of direct effect. As a result of direct effect, national courts are bound to apply Community law in order to achieve effective legal protection of individuals and uniform application of Community law. Yet, because the manner in which directly effective provisions are deployed in the national legal systems is fundamentally governed by national (procedural) law, the application and enforcement of directly effective provisions may produce very different outcomes in the various Member States.
The objective of this contribution is therefore to present you with some ideas concerning what kind of differences in application have to be accepted and what kind of differences are not acceptable.
Number of Pages in PDF File: 22
Keywords: EU Law, direct effect, harmonization of procedural law
JEL Classification: K33Accepted Paper Series
Date posted: May 25, 2009
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