Skip to content

Ask an Academic

  • Home
  • Ask a Question
  • Contact Us
Law and justice statue

The difference between Direct and Indirect Effect

September 20, 2019 by AskanAcademic.com

An answer describing the difference between the principles of direct and indirect effect

Question

What is the difference between Direct and Indirect Effect?

Answer

The principle of direct effect gives rise to a right for an individual to be able to rely on EU law directly in a national court. The principle was developed in Van Gend en Loos v Nederlandse (Case 26/62). It could be asserted, therefore, that the principle of direct effect is a private EU law enforcement means, as opposed to public EU law enforcement, which occurs when an institution of the EU takes action against a Member State for that Member State’s breach of EU law (Fairhust, 2010). The scope of this principle was limited to provisions that were that sufficiently precise and unconditional (Van Gend en Loos v Nederlandse (Case 26/62)).

The principle of indirect effect is a principle by which when a piece of EU law cannot be relied upon by an individual in a national court, that individual can instead rely on the principle stating that national law must be consistently interpreted with EU law. This indirect effect of the EU law influences how national law is interpreted. It has been considered that the principle of indirect effect is a ‘practical manifestation of the sovereignty of EU law’, due to national law interpretations consistent with EU law taking precedence over interpretations that are not consistent with EU law.

References

Fairhust M., (2010) Law of the European Union. 8th Ed., Pearson Longman

Berry E, Matthew J. Homewood, Bogusz B. (2015) Complete EU Law: Text, Cases, and Materials. Oxford: Oxford University Press

Van Gend en Loos v Nederlandse Administratie der Belastinge (Case 26/62) 1963

Post navigation

Previous Post:

Why operations management is important for Organisations?

Next Post:

Tsar Alexander I and Elizabeth Alexeievna

Search Q&As

Categories

  • Art Media and Literature (74)
  • Business and Management (256)
  • Computing and ICT (14)
  • Construction and Engineering (35)
  • Education (90)
  • Environmental Sciences (2)
  • Finance and Economics (91)
  • Health (64)
  • Languages (12)
  • Law (88)
  • Mathematics and Statistics (2)
  • Medical Sciences (19)
  • Politics and International Relations (83)
  • Research Methodology (1)
  • Science (49)
  • Social Sciences (101)

Archives

Who We Are

Askanacademic.com is owned and operated by All Answers Ltd, a company registered in England and Wales. Company Registration No: 4964706. VAT Registration No: 842417633. Data Controller No: Z1821391.

Registered office:
Venture House
Cross Street
Arnold
Nottingham
NG5 7PJ

Main Navigation

  • Home
  • Ask a Question
  • Contact Us

Legals

  • Cookie Policy
  • Privacy Policy

Popular Categories

  • Business and Management
  • Law
  • Finance and Economics
  • Health
An an Academic Logo
© 2023 Ask an Academic | WordPress Theme by Superb Themes
This website uses cookies to improve your experience. We'll assume you're ok with this, but you can opt-out if you wish. Accept Reject
Read More
Privacy & Cookies Policy

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may affect your browsing experience.
Necessary
Always Enabled
Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.
Non-necessary
Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. It is mandatory to procure user consent prior to running these cookies on your website.
SAVE & ACCEPT