Direct Effect: Rethinking a Classic of EC Legal Doctrine

Front Cover
Jolande M. Prinssen, Annette Schrauwen
Europa Law Publishing, 2002 - Law - 320 pages
Is the concept of Direct Effect of EC Law out of date? Or does it need to be revamped as a keystone doctrine of EC Law? This was the central theme of the international conference organized in June 2001 at the University of Amsterdam by the Hogendorp Centre, the Amsterdam Law School, the Amsterdam Centre of International Law, the Europa Instituut and the Amsterdam Jean Monnet Platform. The conference brought together speakers from The United Kingdom, Belgium, France and The Netherlands, to address the topic not only from the perspective of EC law, but also from those of domestic constitutional law and public international law. Their contributions reflect the various dimensions of direct effect as a central doctrine of EC Law.
 

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Contents

Introduction
17
Redefining direct effect
23
Uniformity v divergence
39
Introduction
45
CHAPTER 1v The Doctrine of Consistent Interpretation Managing
77
independent but
101
Convergence or Divergence? A Comparative
105
National case law and the modalities of applying
120
The concept of direct effect
159
The voluntary acceptance of direct effect
167
CHAPTER vin The Enforcement of Customary International
183
An analysis of Opel Austria and Racke
200
The invocability of international agreements
215
the nature of customary
229
CHAPTER 1x Direct Effect the Test and the Terms In Praise of
235
The spirit
242

CHAPTER v1 Direct Effect in Germany and France A Constitutional
127
What the Constitution says
135
What the judges say that the Constitution says
144
Conclusion
153
Conclusion
249
International law Community law and direct effect
257
Concluding remarks
267
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