INTRODUCTION

This chapter considers the rights and remedies that EU law allows to be invoked in national courts. It is organised as follows.

Section 2 looks at the origins of direct effect. Direct effect is the doctrine which provides for EU law to be invoked in national courts. Initially, direct effect was a ‘defensive’ right directed at administrations, which required them not to violate entitlements granted clearly and unconditionally to private parties by Treaty provisions.

Section 3 looks at how, over time, direct effect was reconceptualised as providing rights which generate a full set of entitlements against all parties and impose a duty on administrations and courts to protect and realise these entitlements for individuals. This led to EU Treaty provisions being capable of being invoked both against the state (vertical direct effect) and against private parties (horizontal direct effect).

Section 4 considers what remedies and procedures are available to individuals where an EU provision is invoked in a domestic court. As a general rule, these are a matter for domestic law. This autonomy is subject to two constraints. The remedies and procedures for infringement of EU law rights should be, first, no less favourable than those for similar domestic claims, and secondly, should not make it practically impossible to exercise EU rights.