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date: 18 September 2019

Abstract and Keywords

The chapter discusses the fundamental doctrines of EU law regulating its effect before national courts: direct effect, the obligation of consistent interpretation, Member State liability for breach of EU law, and horizontal effect of general principles and provisions of the Charter of Fundamental Rights. It points to different conceptions of the direct effect doctrine and its limits in horizontal situations with respect to Directives. It shows how the obligation of consistent interpretation substitutes for the absence of horizontal direct effect of Directives and discusses other ways in which Directives generate effects in contractual situations or serve as standards of direct review of national administrative acts. It concludes by asking whether the discussed doctrines constitute a coherent picture of EU law’s effectiveness before national courts from the perspective of the values of legal certainty, fairness, and social justice, and how they are related to the principle of primacy of EU law.

Keywords: effectiveness, direct effect, consistent interpretation, horizontal effect, Member State liability, primacy of EU law

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