Effet Utile As A Source Of EU Law Cover Image

Корисно дејство (effet utile) као извор права ЕУ
Effet Utile As A Source Of EU Law

Author(s): Veljko Milutinović
Subject(s): Law and Transitional Justice, EU-Legislation
Published by: Institut za uporedno pravo
Keywords: EU law; effet utile; direct effect; primacy; Court of Justice; competition; actions for damages;

Summary/Abstract: One of the most potent instruments in the expansion of the scope of EU law is that of effet utile of the European legal order. The topic of this article is the development and meaning of this legal institute, as well as its practical implications, in particular its capacity to generate new legal norms, which have no direct basis in the Treaties or secondary EU legislation. Through a critique of effet utile and a review of some important recent judgments of the EU Court of Justice, an attempt is made to find the limits of this legal institute.

  • Issue Year: 2015
  • Issue No: 1
  • Page Range: 171-183
  • Page Count: 13
  • Language: Serbian