Indirect effect
Finally, even where Union law lacks direct effect, it may still have an indirect effect on the laws of member states, in the sense that a relevant provision of EU law may influence the interpretation of existing national laws of member states.
This proposition is sometimes known as the von Colson principle or the Marleasing principle after the leading cases of von Colson v Land Nordrhein Westfalen [1986] 2 CMLR 430 and Marleasing SA v La Comercial Internacional de Alimentacion SA [1992] 1 CMLR 305.Table 1
| Directly applicable? | *Capable of direct effect? | |
| Treaty Articles | Yes | Yes |
| Regulations | Yes | Yes |
| Directives | No | **Yes |
| Decisions | Yes | Yes |
*A provision which is capable of having direct effect will not actually have direct effect unless it also satisfies the criteria for direct effect.
**Provided the Directive has not been implemented within the time allowed.
Table 2
| Capable of vertical direct effect? | Capable of horizontal direct effect? | |
| Treaty Articles | Yes | Yes |
| Regulations | Yes | Yes |
| Directives | Yes | No |
| Decisions | Yes | Probably |
More on the topic Indirect effect:
- The criteria for direct effect
- CHAPTER XXIX. EFFECT AFTER MANUMISSION OF EVENTS DURING SLAVERY. NATURALIS OBLIGATIO.
- CHAPTER XXVIII. EFFECT ON QUESTIONS OF STATUS, OF LAPSE OF TIME, DEATH, JUDICIAL DECISION.
- The direct applicability and direct effect of different forms of EU law
- INDEX
- The sources of European Union law
- Album iudicum
- SUMMARY
- The key to this is the distinction between the dispositive and the evidentiary use of writing.
- Introduction
- Quotation marks
- European Convention on Human Rights
- A tabular summary
- International political, military and economic position
- The Role of Writing Outside Contracts Litteris
- The Name of the Delict
- CHAPTER XXIV. MANUMISSION UNDER JUSTINIAN1.
- Justinian's Contract Litteris