Direct Effect in EU Law
Series: Oxford European Union Law Library;
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Estimated delivery time: In stock at the publisher, but not at Prospero's office. Delivery time approx. 3-5 weeks.
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Product details:
- Edition number 1
- Publisher OUP Oxford
- Date of Publication 30 January 2025
- ISBN 9780192898708
- Binding Hardback
- No. of pages400 pages
- Size 250x175x25 mm
- Weight 928 g
- Language English 743
Categories
Short description:
Direct Effect in EU Law thoroughly examines the principle of direct effect, which enables individuals and companies to invoke their rights before domestic courts. Emphasizing the need for the CJEU to fully articulate and systematize direct effect, it ultimately puts forward solutions for its principled comprehension and enforcement.
MoreLong description:
Direct Effect in EU Law is the first book in English to thoroughly examine this revolutionary legal principle, tracing direct effect's evolution throughout the multiform process of European 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 upon the CJEU rulings dating from the 1950s up 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.
Professor Gallo's book takes on the monumental task of analysing direct effect across its different manifestations, ranging from EU external relations to fundamental rights and from vertical to horizontal and incidental forms of direct effect. In so doing, it succeeds admirably in providing the most comprehensive and systematic analysis to date of this paradigmatic EU law classic
Table of Contents:
Introduction
The Origins of Direct Effect: Van Gend & Loos In Context
Evolutive Direct Effect and the Preliminary Reference Procedure
Transformative Direct Effect: The Van Gend & Loos Doctrine, Today
Broad Direct Effect
Direct Effect's Core Conditions and the Extent of Disapplication
Controversial Horizontal Direct Effect
Unsteady 'External' Direct Effect
Conclusion: Rethinking Direct Effect in Times of Judicial Argumentative Minimalism: A Proposal
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