Direct Effect in EU Law

by Gallo, Daniele

• ISBN13: 9780192898708
• ISBN10: 0192898701
• Format: Hardcover
• Copyright: 2025-04-30
• Publisher: Oxford University Press

Summary

Direct Effect in EU Law is the first book in English to thoroughly examine this revolutionary legal principle, tracing direct effect's evolution throughout the multiform process of European integration. A founding doctrine of EU constitutional law and the driving force of the EU legal system, direct effect enables individuals and companies to invoke their rights before domestic authorities and the Court of Justice of the EU (CJEU). Yet, while the doctrine of direct effect remains the backbone of the EU legal system, it lacks clear legal framing by the CJEU.

Emphasizing the need for the CJEU to fully articulate and systematize direct effect as to its core components and consequences, the book advocates for an innovative understanding of such principle that acknowledges its transformative impact on EU law. It bridges theory and practice, drawing upon the CJEU rulings dating from the 1950s up to 2024. The book reconstructs direct effect beyond the doctrine originating from Van Gend & Loos, and ultimately puts forward solutions for its principled comprehension and enforcement.

Author Biography

Daniele Gallo, Full Professor of EU Law, Luiss University

Daniele Gallo is Full Professor of EU Law at Luiss University (Rome), where he is the Deputy-Provost for the Alliance ENGAGE.EU and Co-Director of the LLM in European Law and Policies. Professor Gallo has been a Jean Monnet Chair and a Recurring Visiting Professor in several universities in Europe and the US, such as Université Panthéon-Assas (Paris) and American University Washington College of Law (Washington DC). He has been EU Fulbright Schuman Scholar at Fordham Law School (NY), DAAD Fellow at the Max-Planck-Institut für ausländisches öffentliches Rech (Heidelberg), and Jean Monnet Fellow at the EUI (Florence). He is the author of four monographs and editor or co-editor of several volumes and journals special issues, including The Italian Influence on European Law (Hart, 2024). As an attorney-at-Law, he regularly pleads before national jurisdictions, the General Court, the Court of Justice, and the European Commission.

Table of Contents

IntroductionChapter 1. The Origins of Direct Effect: Van Gend & Loos In ContextChapter 2. Evolutive Direct Effect and the Preliminary Reference ProcedureChapter 3. Transformative Direct Effect: The Van Gend & Loos Doctrine, TodayChapter 4. Broad Direct EffectChapter 5. Direct Effect's Core Conditions and the Extent of DisapplicationChapter 6. Controversial Horizontal Direct EffectChapter 7. Unsteady 'External' Direct EffectConclusion: Rethinking Direct Effect in Times of Judicial Argumentative Minimalism: A Proposal