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The ECJ's primary purpose in creating the concept of direct effect was to ensure the efficient development of the Union, rather than to empower the individual. Discuss.

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The ECJ's primary purpose in creating the concept of direct effect was to ensure the efficient development of the Union, rather than to empower the individual. Discuss. The European Community Treaty was formed for the economic integration between the Member States that can be achieved through their fundamental principles. The Fundamental principles1 are: The free movement of goods, workers, capital and services, The creation of common custom tariff for the regulation and administration of trade between the community and non-community countries, The establishment of common commercial policy for the economic relations between community and rest of the world, and The making of economic policies between the member states for their benefit. When these policies are to be achieved, problems would even start arising between Member States. For solving these problems of the community, European Court of Justice has come into existence. The main purpose of European Court of Justice is: To hear actions between Member states and Community as well as by individuals against the acts of Community institution, It takes into consideration the right of Court to award damages for unlawful acts committed by the Community institutions, and It refers to the cases by national courts of Member States on matter relating to the interpretation and application of the Community law. When a state joins the European Union, all Community law becomes part of its own system. The European Court of Justice2 has developed a concept of direct effect, whereby provision of Community law can confer right on an individual which can directly be applied by National Courts, if required. Art 249 (ex 189) ...read more.


The duty to implement Directive is absolute: no excuses such as slowness of the legislative process, governmental crisis etc. are brooked by the Court of Justice as potential justification for failure to do so.15 Indeed, non-implementation is a breach not only of the specific provisions of Art 249 of the EC Treaty but also of the duty of Community "solidarity" as enshrined in Art 10 of the EC Treaty. Central to this notion of Solidarity is the protection of individual rights since the non-implementation by a Member State may prejudice the legal position of the individual who finds himself subject to two sets of contradictory rules.16 Art 249 nevertheless confers upon Member State discretion as to the "choice of form and method" with which it implements a Directive into national law. Here the Member States are given the widest possible choice of possibilities as far as implementation of Directive into national law is concerned. Where the directive is intended to create rights for individuals, the legal position arising from these principles is sufficiently precise, clear and transparent and where appropriate those individuals are afforded the possibility of relying on their enforceable rights before the national courts.17 The concept of direct effect is a product of the jurisprudence of the Court and in the context of directives it has been elaborated, at least in recent years, in terms of reflex effect rather in the nature of estoppel - it only occurs when a Member State has failed to perform its obligations, and this cannot be the case until the time limit for the performance of those obligations ...read more.


If the directive was for the benefit of individuals, (2) The content of those rights are identifiable to the directive and (3) If there is a link between the breach of Member States obligation and the damage suffered by the individual. From the above discussion of concept and Judgment of various cases, we can see that European Court of Justice was mainly developed to take care of the European Community Law. When the Community Law was developed it was mainly for the benefit of the Member States. Member States always had the problem between national law and community law. Later on from the case of Costa v. ENEL, it was proved that Community law prevails over the national law i.e. Community Law is supreme. The main purpose of Community law was to make a common market between Member States; they achieved this goal by making Single Market Act. This act developed four free movements: free movement of goods, capital, workers and services. From here the problems did start between individuals and state, as every Member State sometimes interpreted community law in a different manner. ECJ was formed for efficiently running of the European Union. But due to many problems which did occur from community law such as: free movement, misinterpretation of the community law, due to problems with implementing the directives on which people have already started working on, this all caused different problems, therefore ECJ had to start taking more cases concerning the problems of individuals. So that individuals do get proper justice. ECJ do work for the betterment of the European Union and it even gives right to Member State to come with the problem of individuals. ...read more.

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