ABSTRACT
J Understand the concept of direct effect and why it was developed by the ECJ J Understand the criteria for achieving direct effect J Differentiate between horizontal direct effect and vertical direct effect J Understand the application of direct effect to Treaty Articles, Regulations and
Decisions
J Understand the difficulty of applying direct effect to Directives J Understand how the ECJ has got round the problem using vertical direct effect
and how it has expanded the meaning of the state to include emanations of the state
J Understand the concept of indirect effect J Evaluate the difficulties of applying indirect effect J Understand the concept of state liability J Understand the conditions for state liability to apply J Understand the principle of incidental horizontal direct effect J Analyse the effectiveness of the processes
9.1 Introduction If supremacy defines the relationship between the Member States and the EU, then direct effect defines the relationship between the citizens of the various Member States and the EU in the form of its laws. Direct effect is therefore another major element in ensuring that EU law is applied harmoniously throughout the Member States. Supremacy gives practical effect to the concept of supranationalism by ensuring that the Member States cannot put national self-interest before the law of the EU. Direct effect again demonstrates the supranational nature of EU law by ensuring that citizens are able to enforce it in the Member States’ courts.
