Overview

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.

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9780192898708

Table of Contents

Reviews

Professor Gallo's book takes on the monumental task of analysing direct effect across its different manifestations, ranging from EU external relations to fundamental rights and from vertical to horizontal and incidental forms of direct effect. In so doing, it succeeds admirably in providing the most comprehensive and systematic analysis to date of this paradigmatic EU law classic * Eleni Frantziou, Associate Professor in Public Law & Human Rights, Durham Law School * This book takes up in a brilliant manner the huge challenge of dissecting the doctrine of direct effect, one of the more difficult and yet more crucial and fascinating issues in EU Law. Systematic, thorough, and thought provoking, Gallo's book is bound to become not only a reference book, but an unmissable classic for the EU Law discipline. * Sara Iglesias Sanchez, Professor of EU Law, Complutense University of Madrid * This book provides the most comprehensive and in-depth analysis of one of the key tools of EU law. Unparalleled in its scope, the book is the must-go reference for anyone interested in the use of EU law in the practice of national courts. * Daniel Sarmiento, Professor of EU law, Complutense University of Madrid, and Editor-in-Chief of EU Law Live * Daniele Gallo drives readers of this book through a magnificent journey, aimed at discovering direct effect in its multifaceted, ever changing and ever challenging functions and meanings. EU law is as lively as ever for those who take this journey. * Silvana Sciarra, Professor Emerita, University of Florence, and Former President of the Italian Constitutional Court * This is an excellent and original monograph, casting new light on a classic concept. The author unpacks direct effect through a theoretically sound and convincing analysis of the case law. * Takis Tridimas, Professor of EU Law and Director of the Centre of European Law, Dickson Poon School of Law, King's College London *

Author Information

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.

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