The EU Law Principle That Lets You Sue Your Government

In this comprehensive lecture, we delve deep into the European Union's foundational concept of Direct Effect, a principle that allows individuals to enforce EU law directly before their national courts. Starting with the seminal case of Van Gend en Loos (1963), we trace how the Court of Justice of the European Union (CJEU) established the direct enforceability of EU provisions, turning citizens into active rights-holders rather than passive beneficiaries.

Throughout the presentation, we explore the conditions that make a provision directly effective, the difference between vertical and horizontal direct effect, and how various EU legal instruments-treaties, regulations, directives, and decisions-can (or cannot) be invoked by individuals. We also examine alternative enforcement mechanisms such as indirect effect and state liability for when direct effect falls short.

Key topics include:

The historical and legal origins of direct effect in EU law

Criteria for direct effect and the clarity and unconditionality requirements

The distinction between vertical and horizontal direct effect

Direct effect as applied to treaties, regulations, directives, and decisions

The Court's stance on the (non-)horizontal direct effect of directives

The complementary principles of indirect effect and state liability

Recent case law and ongoing debates about the future and scope of direct effect

By the end of this lecture, you will have a thorough understanding of direct effect's role in shaping a dynamic and uniform European legal order-one that ensures EU rights are more than just theoretical assurances, but powerful tools accessible directly to individuals.

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Disclaimer: The information provided in this video and its description is for general informational purposes only and is not intended to be, nor should it be construed as, legal or tax advice. This content does not cover all possible scenarios and should not be relied upon as a substitute for professional advice tailored to your specific situation. We strongly recommend consulting with a qualified legal, tax, or financial advisor before making any decisions based on the content of this video. The creators of this video and the associated channel disclaim any liability in connection with the use of the information provided herein.

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