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Max Planck Encyclopedia of Comparative Constitutional Law [MPECCoL]

Effectiveness

M Elvira Méndez-Pinedo, Antoni Abat i Ninet

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 11 December 2024

Subject(s):
Effectiveness

General Editors: Rainer Grote, Frauke Lachenmann, Rüdiger Wolfrum
Managing Editor: Martina Mantovani

1. Effectiveness (effet utile in French) is a key concept of the European constitutional legal order. It is now a doctrine very well established in the European Union’s (EU) supranational legal order created by the case law of its Court of Justice (ECJ) in Luxembourg, in seminal rulings dating back to the 1960s and stretching over five consecutive decades (see European Union, Court of Justice and General Court; supranational constitutional courts). The concept has become very sophisticated and has been well studied and commented on by EU law scholarship. All 28 EU...
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