X. JURISPRUDENŢA CURŢII DE JUSTIŢIE A UNIUNII EUROPENE Despre implicaţiile efectului direct în dreptul UE: dualism şi echilibru
X. JURISDICTION OF THE COURT OF JUSTICE OF THE EUROPEAN UNION On the implications of direct effect in EU law: dualism and balance

Summary/Abstract: The principle of direct effect represents one of the three fundamental principles that form the original fabric with the help of which the Union law gradually took hold of the national legal orders. Along with the primacy of Union law and the interpretation in conformity of national law, direct effect represents a particularly innovative construction with a crucial practical role. The article follows the evolutionary process of this principle in the case law of the CJEU and observes the fact that, at present, the Court has given up emphasising each time, autonomously, the substantial requirements of direct effect. On the contrary, today, most of the time, the Court concludes directly regarding the manner of interpretation of a Union provision and regarding the consequences of this interpretation, for example the disapplication of the confliction national provision. However, we believe that the CJEU should unveil more scrupulously the interaction with the principle of supremacy, especially from the perspective of the dichotomy of the subjective/substitutive versus objective/exclusionary effects of this basic rule to ensure predictability and the legal certainty of the Union norms.

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