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Direct effect is a community concept developed by the court of justice to apply to treaties, regulation, directives and decisions.
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| Submitted: Mon Jun 19 2006
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Direct effect is a community concept developed by the court of justice to apply to treaties, regulation, directives and decisions. It is the term given to judicial enforcement of rights arising from provisions of community law which can be upheld in favour of individuals in the courts of the member states. To be capable of direct effect a provision must satisfy the criteria established by the Court of justice in the case of Van gend en loos1, that a provision should be clear and precise; unconditional; should not require implementing measures by the state or leave room for discretion by the member state. In Van gend en loos it was held that the institution of the community are endowed with sovereign rights, the exercise of which affects not only member states but also their citizens and that community law is capable of conferring rights on individuals which become part of...
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