X. JURISPRUDENŢA CURŢII DE JUSTIŢIE A UNIUNII EUROPENE 1. Despre implicaţiile efectului direct în dreptul UE: de la fundament la aplicare practică
X. JURISDICTION OF THE COURT OF JUSTICE OF THE EUROPEAN UNION 1. On the implications of direct effect in EU law: from grounds to practical application

Summary/Abstract: The CJEU's role in establishing a monistic relationship between European and national legal orders, introducing the principles of supremacy and direct effect, marked a significant phase of judicial activism that balanced political stagnation. Over time, the Court refined the concept of direct effect, adapting it to various EU legal acts and transitioning from subjective to objective manifestations. Despite the maturation of interest in both doctrine and practice, direct effect remains a cornerstone of the EU law. This article continues the discussion from the previous issue of the journal, examining the application requirements and consequences of direct effect based on the specific characteristics of the invoked EU law—whether it pertains to primary law or secondary law. The analysis pays special attention to the interaction between direct effect and directives, highlighting particular issues related to the obligation of national law to comply with EU law, including in disputes between individuals, and the limitations imposed by contra legem interpretation.

• Details
• Contents