Van Gend en Loos: The Individual as Subject and Object and the Dilemma of European Legitimacy
This essay examines, first, the reasons for the extraordinary impact and iconic status which attached to Van Gend en Loos. It argues that the explanation lies in a confluence of structural factors and not in the "direct effect" doctrine simpliciter. It then looks at the … [Read more...]
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Is There a Case – Legally and Politically – For Direct Effect of WTO Obligations?
WTO law does not require its direct effect in domestic legal orders. Whilst the stances taken in these are diverse, showing that direct effect is not denied on the whole to WTO law, all the major trading members of the WTO deny it. The fact that, in a case where a WTO member does … [Read more...]
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Is Global Constitutionalism Meaningful or Desirable?
Upon conceiving constitutionalism on the scale of the nation-state as transparent and unproblematic, one may think global constitutionalism to be a mere utopia. On closer analysis, however, legitimation of nation-state constitutionalism turns out to be much more complex and … [Read more...]
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The Evolution of Direct Effect in the EU: Stocktaking, Problems, Projections
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