Zur unmittelbaren Wirkung des Unionsrechts

It is not so much the Van Gend & Loos judgment, but rather the ECJ's current approach that is novel and comes close to a constitutional revolution. Thus, the effects of EU law before national courts no longer depend on the identification of norms that by their nature can have direct effect. In »technical« areas of law, direct effect may simply be stated. Where important or constitutional principles or values are at stake, the method of mutual amplification is used. I. e. all kinds of norms or principles can be combined to achieve direct effect. This complex approach is a far cry from the concept of a norm that is directly applicable by itself, which is the basis of the Van Gend & Loos judgment. The criterion of precision has become as irrelevant as the fact that a norm grants discretion. Therefore, directives, values, or programmatic norms can have direct effect, especially in combination with each other. The combined effect of direct effect and primacy of EU law gives the ECJ an immense power of direct governance.

Political science · European and International Law Studies · European Union Policy and Governance · Law and Political Science