Direct Effect in EU Law
| Författare: | Gallo Daniele |
| Titel: | Direct Effect in EU Law |
| Utgivningsår: | 2025 |
| Omfång: | 400 sid. |
| Förlag: | Oxford University Press |
| ISBN: | 9780192898708 |
| Produkttyp: | Inbunden |
| Typ av verk: | Monografi |
| Serie: | Oxford European Union Law Library |
| Ämnesord: | EU-rätt |
Pris: 1885 SEK exkl. moms 
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 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. - The first, and to date only, dedicated book in English on the doctrine of direct effect; - Provides a comprehensive understanding of direct effect from its historical evolution to its practical application; - Engages systematically with English and non-English literature; - Draws on 70 years of CJEU judgements from the 1950s to 2024; - Includes a foreword by Gráinne de Búrca, one of the leading scholars in European Union law. Table of Contents Introduction Chapter 1:The Origins of Direct Effect: Van Gend & Loos In Context Chapter 2:Evolutive Direct Effect and the Preliminary Reference Procedure Chapter 3:Transformative Direct Effect: The Van Gend & Loos Doctrine, Today Chapter 4:Broad Direct Effect Chapter 5:Direct Effect's Core Conditions and the Extent of Disapplication Chapter 6:Controversial Horizontal Direct Effect Chapter 7:Unsteady 'External' Direct Effect Conclusion: Rethinking Direct Effect in Times of Judicial Argumentative Minimalism: A Proposal Daniele Gallo, Full Professor of EU Law, Luiss University Daniele Gallo 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. |