Open AccessThe pivotal role of the case law of the Court of Justice of the European Union (CJEU) in protecting citizens’ rights
Author(s) -
Sofia Smirnova
Publication year - 1970
Publication title -
časopis kiïvsʹkogo unìversitetu prava
Language(s) - English
Resource type - Journals
ISSN - 2219-5521
DOI - 10.36695/2219-5521.4.2019.73
Subject(s) - european union , political science , interpretation (philosophy) , law , european union law , economic justice , common law , subject (documents) , law and economics , sociology , economics , international trade , computer science , programming language , library science
The article examines the case law of the Court of Justice of the European Union (CJEU) and aims to exemplify the ways in which it clearly illustrates the principle of indirect effect. The article would argue that indirect effect has played a pivotal role in protecting citizens' rights, particularly in the absence of the horizontal direct effect of directives. The main cases explored in the article examine the ways in which the law of the European Union has been developing as it is constantly subject to interpretation. It is important to examine the case law of the European Union on a case-by-case basis, as with contextual change, changes the interpretation of the principles. The development of EU Law is incremental requiring a careful case-by-case analysis, as demonstrated in the article above by the cases of indirect effect.