Efectul direct în materia achizițiilor directe: firele încurcate ale unui proces de integrare necesar
Direct effect in public procurement: the entangled threads of a necessary integration process

Summary/Abstract: The evolving narrative of the principle of direct effect as an agent of integration is complex, multifaceted and sometimes incongruous. The article examines the principle of direct effect in the context of the historical development spanned over more than a 70 years period, with a declared purpose to make a new appraisal of this rule especially in the field of public procurement law. We have observed that the Court prefers to automatically conclude that an EU norm opposes a certain national measure, without doing an estimation of the substantial requirements of direct effect. This automatism of the Court, to integrate the principle of direct effect into the natural interpretation of the norms of Union law, reveals the organic connection of the fundamental norm with the other original principles, the supremacy and the conforming interpretation and emphasizes its integrative character. However, we believe that such approach dilutes the essence of the interpretation, leading to greater confusion for national courts faced with the application of the same provisions of EU law. This legal fiction of direct effect has come of age, and the Court has in the meantime woven enough threads to help it draw up a canvas with a definite picture of the scope of this basic rule of Union law.

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