How to Enforce European Law: - A New History of the Battle over the Direct Effect of Directives, 1958-1987

TY - JOUR

T1 - How to Enforce European Law

T2 - - A New History of the Battle over the Direct Effect of Directives, 1958-1987

AU - Rasmussen, Morten

PY - 2017/7

Y1 - 2017/7

N2 - This article explores the well-known saga of the European Court of Justice's introduction of direct effect of Council Directives on the basis of new comprehensive archival research. The expansion of the doctrine of direct effect to include Directives was part of a drive of the Legal Service of the European Commission and the ECJ to strengthen the enforcement of European law. This threatened the deeper balance of competences between the European Community and its Member States and consequently led to a sharp response from the national parliaments and courts. The force of these responses and the deep crisis that had evolved in the late 1970s between France and the ECJ, led to a change in the EC's case law that limited the direct effect of Directives to the vertical relation between citizens and the respective Member State and excluded any horizontal effect. The story is an example of how the activist ECJ of the 1970s ran into resistance from the Member States and had to modify its doctrinal advances. It also suggests that the successful acceptance of the constitutionalisation of the Treaties of Rome pursued by the ECJ was by no means secure by the late 1970s.

AB - This article explores the well-known saga of the European Court of Justice's introduction of direct effect of Council Directives on the basis of new comprehensive archival research. The expansion of the doctrine of direct effect to include Directives was part of a drive of the Legal Service of the European Commission and the ECJ to strengthen the enforcement of European law. This threatened the deeper balance of competences between the European Community and its Member States and consequently led to a sharp response from the national parliaments and courts. The force of these responses and the deep crisis that had evolved in the late 1970s between France and the ECJ, led to a change in the EC's case law that limited the direct effect of Directives to the vertical relation between citizens and the respective Member State and excluded any horizontal effect. The story is an example of how the activist ECJ of the 1970s ran into resistance from the Member States and had to modify its doctrinal advances. It also suggests that the successful acceptance of the constitutionalisation of the Treaties of Rome pursued by the ECJ was by no means secure by the late 1970s.

KW - Faculty of Humanities

KW - EU's retshistorie

M3 - Journal article

SN - 1351-5993

JO - European Law Journal

JF - European Law Journal

ER -