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Great Judgments of the European Court of Justice Direct Effect of Directives
Published online by Cambridge University Press: 04 November 2020
This chapter discusses the Court’s 1974 judgment, Van Duyn, where the Court declared that provisions of Directives could enjoy direct effect in the national legal order. This judgment is often recognized as the landmark judgment on the ‘direct effect of Directives’, and remains a controversial decision. This chapter demonstrates that the direct effect of Directives was a logical consequence of the Court’s use of direct effect as a substitute for inter-state retaliation, and shows that this understanding of the direct effect of Directives can be found in the early writings of judge Lecourt.
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