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Direct Effect in EU Law

Direct Effect in EU Law

Direct Effect in EU Law

Author: Daniele Gallo
Publisher: Oxford University Press
ISBN: 9780192898708
Published In: January 2025
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: HKD 1,625.00

HKD 1,576.25 Save HKD 48.75 (3%)

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Description
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Direct Effect in EU Law is the first book in English to thoroughly examine this revolutionary legal principle, tracing direct effect's evolution from its inception during EU legal integration. A founding doctrine of EU constitutional law and the driving force of the EU legal system, direct effect enables individuals and companies to invoke their rights before domestic authorities and the Court of Justice of the EU (CJEU). Yet, while the doctrine of direct effect remains the backbone of the EU legal system, it lacks clear legal framing by the CJEU.

Emphasizing the need for the CJEU to fully articulate and systematize direct effect as to its core components and consequences, the book advocates for an innovative understanding of such principle that acknowledges its transformative impact on EU law. It bridges theory and practice, drawing from CJEU judgements from the 1950s to 2024. The book reconstructs direct effect beyond the doctrine originating from Van Gend & Loos, and ultimately puts forward solutions for its principled comprehension and enforcement.

Introduction

Chapter 1:The Origins of Direct Effect: Van Gend & Loos In Context

Chapter 2:Evolutive Direct Effect and the Preliminary Reference Procedure

Chapter 3:Transformative Direct Effect: The Van Gend & Loos Doctrine, Today

Chapter 4:Broad Direct Effect

Chapter 5:Direct Effect's Core Conditions and the Extent of Disapplication

Chapter 6:Controversial Horizontal Direct Effect

Chapter 7:Unsteady 'External' Direct Effect

Chapter 8:Conclusion: Rethinking Direct Effect in Times of Judicial Argumentative Minimalism: A Proposal

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