Direct Effect Doctrine in EU Law

Running head: Constitutional Law
CONSTITUTIONAL LAW
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Criminal Law1
The direct effect doctrine allows natural persons and businesses for enforcing some
provisions of EU law in the national court (Nugent 2017). In European Union law, the doctrine
refers to the principle such that if it is properly framed can confer rights on individual people that
are to be recognized and enforced by the courts of the European Union’s member states. This
Direct Effect has been properly enumerated in none of the EU treaties (Barnard and Peers 2017).
Though every provision of the European Union law has the capability of direct effect, but it
cannot be said to be automatic. Direct effect is subjected to many terms and conditions listed by
the concerned court.
This direct effect doctrine was first established by the Court of Justice of the European
Union (CJEU) in Van Gend en Loos v. Nederlandse Administratie der Belastingen (Case
26/62). In subsequent time, direct effect has loosened its usage on the articles of treaty and
hence, ECJ expands the ambit of the doctrine considering that it has the capability to apply
virtually to every possible types of EU legislation, the most significant of which include the
regulations and the directives in some of the specific situations (Barnard and Peers 2017).
EU law evolves in various ways since the decision of the Van Gend en Loos case was
given. The ‘transformation of Europe’ is found so profound and deep that one can doubt that the
case may be helpful for facing the challenges faced in today’s world regarding the impact of EU
law in the national courts. The CJEU, in the stated case had identified three conditions that are
necessary to prove the direct effect of the primary European Union law. Those conditions are:
 The provision shall be stated in a clear and precise way,
 Such provision has to be without any condition and must not depend on any legal
provision,