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Direct Effect in EU Law


ISBN13: 9780192898708
To be Published: January 2025
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £125.00



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.

Subjects:
EU Law
Contents:
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

Series: Oxford European Law Library

EU Anti-Discrimination Law 2nd ed ISBN 9780198737032
Published January 2015
Oxford University Press
£69.00
Goyder's EC Competition Law 5th ed ISBN 9780199535316
Published March 2009
Oxford University Press
£189.99
The General Principles of EU Law 2nd ed ISBN 9780199227686
Published May 2007
Oxford University Press
£96.00
Judicial Review and the Rights of Private Parties in EU Law 2nd ed ISBN 9780199206865
Published March 2007
Oxford University Press
£107.50
Directives in EC Law 2nd ed ISBN 9780199207596
Published June 2006
Oxford University Press
£46.99
The European Union and Its Court of Justice 2nd ed ISBN 9780199258840
Published June 2006
Oxford University Press
£107.50
The European Union and its Court of Justice 2nd ed ISBN 9780199258857
Published June 2006
Oxford University Press
£68.00
Intellectual Property Rights in EU Law: Vol 1 ISBN 9780198259183
Published May 2006
Oxford University Press
£275.00
Directives in EC Law 2nd ed ISBN 9780198268321
Published February 2005
Oxford University Press
Price on Application
Workers, Establishment, and Services in the European Union ISBN 9780198267768
Published October 2004
Oxford University Press
£82.00
EC Agricultural Law 2nd ed
John A. UsherSalvesen Professor of European Institutions, University of Edinburgh
ISBN 9780198268826
Published March 2002
Oxford University Press
£76.00
The Law of Money and Financial Services in the EC 2nd ed
John UsherUniversity of Edinburgh
ISBN 9780198298779
Published March 2000
Oxford University Press
£112.50
EC Company Law ISBN 9780198259930
Published February 1999
Oxford University Press
£270.00
EC Tax Law ISBN 9780198257646
Published April 1996
Oxford University Press
£112.50
The European Internal Market and International Trade
ISBN 9780198259039
Published September 1994
Oxford University Press
£100.00
Fundamental Rights in the European Union ISBN 9780199680757

Oxford University Press
Publication Abandoned
Fundamental Rights in the European Union ISBN 9780199548491

Oxford University Press
Publication Abandoned