The doctrine of supremacy of European community law as a condition precedent of the doctrine of direct effect
Date
2005
Authors
Koch, C.
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Journal article
Citation
International Trade and Business Law Review, 2005; 9:201-220
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Abstract
The judicially created doctrines of direct effect and supremacy are the two essential foundations of European Community law as a supranational legal order. This paper analyses the interrelationship between the two doctrines. Because the European Court of Justice proclaimed direct effect of Community law a year before supremacy, it is often thought that direct effect was 'first'. This article demonstrates that the doctrine of supremacy is in fact a condition precedent for the doctrine of direct effect, even if it was specifically proclaimed later. This conclusion is logically compelling because direct effect in the absence of supremacy would have resulted in an uneven development of Community law in the EC Member States. In the States with a monist approach to international law citizens would have been able to directly enforce Community law in national courts, while in dualist States direct effect would not have protected citizens’ rights.