Direct effect – Van Gend & Loos versus the new direct effect

Juliane Kokott

Chapter 10 in Research Handbook on European Constitutional Law, 2026, pp 172-190 from Edward Elgar Publishing

Abstract: Since Van Gend & Loos the doctrine of direct effect has changed in significant and revolutionary ways. Now effects of EU law in national courts no longer depend on the identification of norms capable of producing direct effects. Where important or constitutional principles or values are at stake, the combination method or mutual amplification is used. By this, the new direct effect undoubtedly promotes the effet utile of EU law. As such, the Court has gained weight in matters that are located in a border zone area between law and politics.

Keywords: Direct effect; Mutual amplification; Van Gend & Loos; EU directives (search for similar items in EconPapers)
Date: 2026
ISBN: 9781802207866
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