Direct Effect: Convergence or Divergence? A Comparative Perspective

DIRECT EFFECT: RETHINKING A CLASSIC OF EC LEGAL DOCTRINE, J.M. Prinssen, LL.M & Dr. Annette Schrauwen, eds., pp. 105-126, Groningen, 2002

22 Pages Posted: 25 May 2009

See all articles by Jan H. Jans

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

Date Written: May 25, 2009

Abstract

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.

Keywords: EU Law, direct effect, harmonization of procedural law

JEL Classification: K33

Suggested Citation

Jans, Jan H. and Prinssen, J. M., Direct Effect: Convergence or Divergence? A Comparative Perspective (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, Available at SSRN: https://ssrn.com/abstract=1409552

Jan H. Jans (Contact Author)

University of Groningen - Department of Administrative Law and Public Administration, Faculty of Law ( email )

P.O. Box 716
Groningen, 9700 AS
Netherlands
+31 50 363 8870 (Phone)

HOME PAGE: http://www.rug.nl/staff/j.h.jans/index

J. M. Prinssen

University of Amsterdam - Faculty of Law ( email )

Amsterdam, 1018 WB
Netherlands

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