THE DIRECT EFFECT OF TREATY PROVISIONS
THE DIRECT EFFECT OF TREATY PROVISIONS

Summary/Abstract: The purpose of the paper is to analyze the direct effect of Treaty provisions, starting from the moment when the doctrine of direct effect of Community law was created by ECJ up to the present time. To this end, the first objective is to define the concept of “direct effect”, by revealing the broad and the narrow sense of the notion, and the relation between two different notions: direct effect and direct applicability. Following to the definition of the concept, the next objective is to point out the importance of analysing the matter – both as a major difference from international treaties, and as one of the most important characteristics which define the relation between European law (with focus to the Treaties) and domestic law. In this context, the main objective of the paper is to present the evolution of the notion and conditions under which Treaty provisions can achieve direct effect, as they derive from European ECJ’ decisions, starting from vertical effect (negative obligations, positive obligations, incomplete implementation of principles stipulated by Treaties, as a result of non-taking of appropriate measures at Community level), to horizontal effect, and finally to the indirect effect (duty of consistent interpretation, requiring all national legislation to be interpreted in the light of the EC law by national courts). At the same time, in close relation to the presentation of ECJ’ decisions, the paper also intends to present the main academic debates on the same issues (evolution of the notion and conditions for achieving direct effect), consequent to creation and evolution of the doctrine of “direct effect”. As a final objective, the paper will summarize the meaning of the notion of “direct effect” and the actual conditions required for incidence in the case of Treaty provisions, and also the practical implications of the expansion direct effect of Treaty provisions, both socially, and financially.

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