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6 - Van Duyn, 1974

Direct Effect of Directives

Published online by Cambridge University Press:  04 November 2020

William Phelan
Affiliation:
Trinity College Dublin
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Summary

This chapter discusses the Court’s 1974 judgment, Van Duyn, where the Court declared that provisions of Directives could enjoy direct effect in the national legal order. This judgment is often recognized as the landmark judgment on the ‘direct effect of Directives’, and remains a controversial decision. This chapter demonstrates that the direct effect of Directives was a logical consequence of the Court’s use of direct effect as a substitute for inter-state retaliation, and shows that this understanding of the direct effect of Directives can be found in the early writings of judge Lecourt.

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Chapter
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Great Judgments of the European Court of Justice
Rethinking the Landmark Decisions of the Foundational Period
, pp. 152 - 170
Publisher: Cambridge University Press
Print publication year: 2019

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  • Van Duyn, 1974
  • William Phelan, Trinity College Dublin
  • Book: Great Judgments of the European Court of Justice
  • Online publication: 04 November 2020
  • Chapter DOI: https://doi.org/10.1017/9781108615020.007
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  • Van Duyn, 1974
  • William Phelan, Trinity College Dublin
  • Book: Great Judgments of the European Court of Justice
  • Online publication: 04 November 2020
  • Chapter DOI: https://doi.org/10.1017/9781108615020.007
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Van Duyn, 1974
  • William Phelan, Trinity College Dublin
  • Book: Great Judgments of the European Court of Justice
  • Online publication: 04 November 2020
  • Chapter DOI: https://doi.org/10.1017/9781108615020.007
Available formats
×