Direct Effect: Rethinking a Classic of EU Legal Doctrine

Direct Effect: Rethinking a Classic of EU Legal Doctrine 258 Conference Scene / Le tour des conférences Direct Effect: Rethinking a Classic of EU Legal Doctrine JOLANDE PRINSSEN* Is the concept of Direct Effect of EU Law on its last breath and ready to be abandoned by scholars and by the courts? Has it become a mere source of confusion, hampering the full deployment of EU Law in the national legal order? Or should it be rescued from being overstretched and diluted, to be revamped as a keystone doctrine of EU Law? That was the central debating point for the June international conference on Direct Effect 1 , hosted by the University of Amsterdam. The instigator of this debate was Sacha Prechal of Tilburg University, who last year made a plea to do away with Direct Effect and to replace it by the absolute supremacy of EU Law. To make EU Law simply ‘the law of the land’, fully available to the domestic courts (‘Does Direct Effect still Matter?’ CMLRev 37: 1047-1069, 2000). Her radical plea raised several objections in support of Direct Effect and turned out to be an excellent occasion for rethinking the many facets of the doctrine, including its conceptual, constitutional, comparative and practical http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png International Law FORUM du droit international (continued in International Community Law Review) Brill

Direct Effect: Rethinking a Classic of EU Legal Doctrine

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Publisher
Brill
Copyright
© 2001 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1388-9036
eISSN
1571-8042
D.O.I.
10.1163/15718040120962932
Publisher site
See Article on Publisher Site

Abstract

258 Conference Scene / Le tour des conférences Direct Effect: Rethinking a Classic of EU Legal Doctrine JOLANDE PRINSSEN* Is the concept of Direct Effect of EU Law on its last breath and ready to be abandoned by scholars and by the courts? Has it become a mere source of confusion, hampering the full deployment of EU Law in the national legal order? Or should it be rescued from being overstretched and diluted, to be revamped as a keystone doctrine of EU Law? That was the central debating point for the June international conference on Direct Effect 1 , hosted by the University of Amsterdam. The instigator of this debate was Sacha Prechal of Tilburg University, who last year made a plea to do away with Direct Effect and to replace it by the absolute supremacy of EU Law. To make EU Law simply ‘the law of the land’, fully available to the domestic courts (‘Does Direct Effect still Matter?’ CMLRev 37: 1047-1069, 2000). Her radical plea raised several objections in support of Direct Effect and turned out to be an excellent occasion for rethinking the many facets of the doctrine, including its conceptual, constitutional, comparative and practical

Journal

International Law FORUM du droit international (continued in International Community Law Review)Brill

Published: Jan 1, 2001

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