O efeito directo do direito da União Europeia: : uma visão condensada do enquadramento duma preeminente criação jurisprudencial

Abstract

The direct effect of some rules does not appear explicitly in any provision of the Treaties on the European Union: the genesis of his discovery is an elaboration of case law, as result of a legal construction carried out by the Court of Justice. We think that the expression direct effect should label the attribute, of certain provisions of European Union Law, of being a valid basis to confer, upon individuals, rights which are enforceable before national authorities. Next to that characteristic, but worth a clear distinction, is what may be called as direct applicability in the strict sense, which characterizes those Union rules that become automatically part of the legal order of the Member States (ie, without the States' mediation), yet not having direct effect - but, when reference is made to the principle of direct applicability, without saying more, it should be understood, in our opinion, that the expression "direct applicability" refers to the idea of direct applicability in a broad sense, which, in our view, is the result of the sum of the direct applicability in the strict sense plus the direct effect. The recent entry into force of the Lisbon Treaty doesn’t seem to imply remarkable prospects for change of the major previous framework.