Jurisdiction(s):
European Union

Key definition

Indirect effect definition

What does Indirect effect mean? Indirect effect describes the approach by which courts read domestic legislation, so far as possible, to conform with EU law and achieve the result required by an EU measure (especially directives), without contradicting clear statutory wording or creating new offences. It is a case-law doctrine developed by the CJEU (not a statutory definition), often called the duty of consistent interpretation (Von Colson; Marleasing), and has been applied by courts in the UK and Ireland. Key features: - It operates wherever a national provision is capable of bearing a conforming meaning. - It can affect disputes between private parties, helping address the lack...

Primacy of EU Law: CJEU Foundations, Constitutional Interactions, Post-Lisbon Status and Recent Challenges by German, Polish and Romanian Courts

Published by a LexisNexis EU Law expert

Practice notes

Scope of supremacy

As first composed, the EU Treaties lacked any clause expressly assuring the supremacy, otherwise termed the primacy, of EU law. In practice, the Court of Justice’s deployment of the supremacy principle has largely secured the uniform application of EU law throughout the Member States; absent this doctrine, EU law would lose its integrative force. Supremacy is therefore a judicial creation, and the Court of Justice’s steadfast adherence to it is the clearest explanation for the sophisticated and profound integration achieved between the Member States. Through a succession of seminal rulings, the Court of Justice, alongside national courts, has shaped and entrenched the doctrine, seeking to delineate how European law relates to national law, including national constitutional law. Equally, one must recognise the substantive role of national courts in sustaining supremacy by making EU Treaty rights effective for citizens within the domestic legal order. In this way, the concepts of direct effect, Indirect effect, and State liability have been developed. Together, these judicial techniques support the uniform application of EU law and embed EU Treaty rights within domestic legal systems. Without them, the integrative effect of EU law across the Member States would be severely diminished in practice...

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Adam Cygan

University of Leicester

Professor Adam Cygan is Professor of European Union Law at the University of Leicester. His research focuses on institutional and constitutional governance within the Internal Market with a particular emphasis upon the legislative process. Professor Cygan has published extensively on the role of national parliaments in EU decision-making and his research challenges core assumptions within EU integration concerning the constitutional principles of accountability and democracy. In particular, his research has examined the contribution made by parliamentary committees to improving accountability within EU governance. Professor Cygan also has also published extensively on governance issues surrounding the operation of the Internal Market including access to healthcare and free movement of persons. Professor Cygan has significant experience of delivering elite-level consultancy and training to a variety of target groups including members of the judiciary, civil servants, policy makers and legislators. He has worked on a...

Web page updated on 21/05/2026

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