European Union Law: Direct and Indirect Effect, Liability of State

European Union Law

Table of Contents
INTRODUCTION ..........................................................................................................................3
MAIN BODY ..................................................................................................................................3
CONCLUSION ...............................................................................................................................7
REFERENCES................................................................................................................................8

INTRODUCTION
The European Union Law or EU laws are those which are specifically for the members of
the European Union. Currently there are 27 members in EU. The aim of this law is to promote
peace, vale and also people's well-being. The legal foundations of the EU laws are based upon
the treaties unanimously agreed upon by all the member states by its government1. The countries
part to EU are bound by its law and all the laws of EU apply to the members. If any conflict
pertains to domestic and EU laws then the EU law shall prevail over to domestic law. If if the
country have not inculcated the laws in their domestic laws, the laws of EU are still binding upon
them. This report will contain an evaluation of doctrine of direct effect, indirect effect and the
liability of state developed by the court of Justice of European Law.
MAIN BODY
The principles of direct effect permits people to right away invoke an European Union
Provision before a national and European Court. This principle surely relates to the European
Act and also there are several other conditions. Precedents are considered as the fundamental
principles of the law of European. This was set out by the CJEU i.e. Court of Justice of the
European Union. The principle of direct effect ensures that the European Law are applicable and
effective in all the EU countries. There are various conditions to make European laws
immediately applicable.
The doctrine of direct effect was set out firstly by the court of justice in the landmark
case of Van Gend En loos. In this case court held that the European laws do not only put
obligations upon EU countries but also provide rights to its individuals. Therefore individuals
may directly take advantage of those rights provided before European and National courts.
The direct effect has not been stated in any of the Treaties of EU but it is applicable upon
them. ECJ laid down the test criteria of the direct effect where the court stated few test rules2.
The provisions of the EU must be Precise, Clear, unconditional, shall not contain any reservation
on members part and shall not be dependent on any implementing measures of nation. The test
of direct effect is applicable to treaties, regulations, decision of court and directives of EU. The
two aspect are there of the direct effect i.e. horizontal and vertical direct effect.
1 Turner, C., 2019. EU law. London: Routledge.
2 Craig, P. and De Burca, G., 2020. EU Law. Oxford: Oxford University Press.