Extract
[...] This therefore constitutes a limit direct effect, for this means that all European standards cannot be invoked in the same wayisbefore the national judge. Thus, it is necessary to distinguish the standards in order to determine whether they benefit from a direct vertical or horizontal effect. On the one hand, theis risglements and treaties possiblyin a direct effect also both vertical, as well as horizontal, which means they can be invoked as well against a State that against a private. [...]
[...] These examples show that, in some cases, the European Court of Human Rights has not always been able to ensure the primacy of European law over national law.authoritiesis a matter of European Union law that can be challenged by national courts. In conclusion, the direct effect is a a fundamental principle of European Union law, which has played a major role in the establishment of its autonomy thanks to numerous judicial evolutions. However, although this principle may seem absolute, it remains subject to certain limits, notably in accordance with the nature of the standard invoked or the will of the Member States, here, while respecting European law, they seek to preserve as much as possible their national sovereignty. [...]
[...] In addition, the direct effect can be either vertical if it is invoked by a litigant against a State or an institution of the European Union, or horizontal if it is invoked by a litigant against another litigant.member state, or horizontal, ofistherefore, if a litigant invokes it against another litigant. Even if the direct effect allows for a strengthening of European law, it is important to note that there are limits. Thus, it will be a matter of answering the following question: to what extent has the principle of direct effect allowed the European Union to assert itself as an autonomous legal order? [...]
[...] Thus, the objective of a coherent European constructionduring n'was not respected It is in this context that the Court of Justice of the European Communities transformed European law by stating, in its judgment Van Gend & Loos in 1963, when European law no longer rested on a choice of States, but rather'imposed directly on citizens. This is how the law of the European Union became a separate legal order,isre and independent. Towards the autonomy of the European Union law With the Van Gend & Loos ruling, the ECJ asserted that European law was no longer seen as international law, but rather as an autonomous legal order capable of creating rights and obligations directly applicable to individuals. [...]
[...] These limits arise from the commitments made by the Member States and come to restrict the autonomy of the European Union law. A desire to preserve the sovereignty of States Although direct effect is a fundamental principle of European law contributing to the autonomy of the Union, some Member States perceive it as an infringement on their sovereignty. In fact, the fact that European norms become applicable without transposition into domestic law means that States see their legislative power limited. [...]
