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This chapter assesses how national courts can induce compliance with international and European law, and compares the relative strengths of national courts in this regard under, respectively, international and European law. It is based on the assumption that while national courts are obviously not the primary or only cause of compliance, they can, in particular circumstances and under particular conditions, ensure that states comply with their obligations under international and/or European law, both in individual cases and at a more structural level. The chapter is organized as follows. Sections 2 and 3 discuss the relative role of courts as agents of compliance and the key condition of independence of courts, respectively. Section 4 examines four key principles that govern the practice of national courts in terms of their compliance-effects: supremacy, direct effect, consistent interpretation, and liability. Section 5 explores the interaction between international and European law in so far as they relate to the practice of national courts. Finally, Section 6 draws some conclusions.

This chapter examines the Opinions of a number of Advocates General in the cases relating to direct effect. Its purpose is to analyse the concept of direct effect from the standpoint of the Advocate General. It addresses questions such as: How did the Advocate General approach the case? What kind of thinking influenced him? Is it clear from the Opinions that the Advocates General understood the constitutional significance of the questions before the Court? Topics discussed include origins of the constitutional principle, direct effect of directives, and horizontal effect of directives.

This chapter discusses the concept of direct effect, and addresses the question of the extent to which individuals can invoke EC environmental directives in national courts. Three fundamental questions are: who can invoke directives, under what conditions, and against whom? The chapter examines the extent to which the principle of consistent interpretation offers added value for the purposes of enforcement of environmental directives. It then shifts the focus to the extent to which national courts and authorities are under a Community obligation to ensure effective implementation and application of environmental law.

This chapter attempts to add a further dimension to the theme of discretion by expanding from application and enforcement of EU law to its transposition into national legislation. It focuses on two types of discretion: democracy discretion and direct effect discretion. The chapter explores whether these perceptions of discretion are indeed interrelated and, whether convergence between them is conceivable.

This chapter reviews the personal scope of application. As Article 56 (1) EC is directly effective in intra-Community and third-country contexts, beneficiaries can rely on it, in particular, in the courts of the Member States. The group of addressees, however, also extends to the Community itself and, under certain conditions, to private persons.

Chapter 6 addresses the Union law effects of EU foreign investment law. It begins with identifying the EU law rights and obligations of EU institutions and Member States arising from the regulation of foreign investment by the EU, focusing on the Union law obligation to comply and perform EU IIAs. Chapter 6 looks also extensively into the scope and application of the Union law obligation to respect the primacy and autonomy of Union law in the field of foreign investment regulation. It examines the compatibility of EU IIAs and, more importantly, of Member States BITs with EU law, it identifies the violations of Union law and assesses the suggested proposals for their remedy. This chapter considers also the enforceability of these Union law obligations, focusing on the scope of judicial review of EU and Member States actions in light of EU IIAs and the creation of individual rights.

Does smoking cause neonatal mortality? Understanding causation is essential to inform the creation of effective interventions aimed at improving human health. Causal diagrams in the form of directed acyclic graphs (DAGs) have changed the way we approach causal inference. This chapter provides an overview of causal thinking and the use of DAGs in helping to design etiologically-oriented epidemiologic research. It introduces the theory of DAGs, and adjustment for variables when estimating total effects, and when estimating direct and indirect effects is discussed. The “birth weight paradox” is used to illustrate the relevancy of causal analysis to reproductive and perinatal epidemiology. DAGs are used to help estimate different effects, to explain why z-scores remove the crossing of curves, and to help define overadjustment. DAGs provide a tool to aid in formulation of a research question and its accompanying analytic plan, and hence help ensure that the intended question is answered and the science interpreted within a formalized causal paradigm.

This chapter first addresses the question how far it can be said that the second pillar already forms part of the ‘new legal order’ established by the EC Treaty. It then considers whether the Constitution contained and the Treaty of Lisbon contains proposals that would helpfully move the CFSP in the direction of communitarization, by examining the potential applicability of primacy and direct effect in the second pillar and analysing the role that is proposed for the High Representative of the Union for Foreign Affairs and Security Policy (HRUFASP). Finally, the origins of the dichotomy between EC external relations and the CFSP are traced, and it considers whether this dichotomy accurately reflects the current legal and political situation of EU foreign policy.

The chapter elaborates the means by which private parties can ask for a judicial enforcement regarding a set of legal instruments used in the EU Law. These instruments are interconnected with various principles. When problems regarding the interpretation of the law arise, the chapter discusses the seven sources upon which private parties may consult their national courts to seek remedies. Directives have been one of the most used legal instruments in such cases. Even though the concept of direct effect remains one of the distinguishing features in case law, there are instances where the European Court of Justice can disregard such a concept.

This chapter analyzes the varied meanings of the principle of direct effect, uncertainties about the scope of supremacy, and the ‘radiation effect’ of the reasoning and rationale of principles developed under the First pillar to the Third pillar (PJC) resulting in a rapprochement between EC and non-Community EU law. This comes together in a detailed discussion of the case of Pupino, a decision under the Third pillar, where the Court ruled that the doctrine of consistent interpretation applies equally to Framework Decisions but is limited by general principles of law and fundamental rights.

The chapter analyses in detail the principles underlying EU law, in particular those of its supremacy and direct effect. It concentrates on the characteristics of directives in particular, since these have special significance in the field of anti-discrimination law. It examines the strategies used, and still being developed by the CJEU, to mitigate the lack of horizontal direct effect of directives. It also analyses the notion of procedural autonomy.

Dyspnoea is a common symptom in patients with cancer, but it is often overlooked. Breathlessness can significantly increase morbidity in patients with advanced diseases. Dyspnoea is chronic with cancer patients experiencing heightened shortness of breath, which is usually accompanied by fear, panic, anxiety, and a sensation of impending death. Generally, discomfort in breathing is aggravated by emotions and activities, resulting in a reduction in the activities of patients in order to cope with the symptom. In addition, dyspnoea also affects the mood, relationships, and outlook of the patient towards life. Patients experiencing shortness of breath often exhibit a reduced will to live. This chapter discusses the epidemiology, pathophysiology, and syndromes of breathlessness prevalent in patients with advanced cancer. Determination of these factors is crucial in the development of management methods for this symptom. In this chapter, the four common causes of dyspnoea in cancer patients are examined. These are: direct tumour effects (pleural effusion, pericardial effusion, super vena cava syndrome), indirect tumour effects (muscle weakness, pulmonary eboli, infection), treatment-related effects (surgery, radiation therapy, systematic therapy), and problems unrelated to cancer (pre-existing diseases such as COPD, asthma, chest-wall deformity, obesity).

The chapter focuses on the problems that private parties face when they challenge the legality of Article 230 of the treaty of the European Community. Operating independently of the concept of direct effect, the formulation of several rules in EC law causes directives to have a significant effect in the national law of member states — Francovich liability, sympathetic interpretation, triangular situations, and a general right against an effective remedy. The chapter argues that although there seems to be a similar treatment among community institutions and member states, in the rules on sanctions, there are significant differences between the two.

The phenotypes of those individuals with which an focal individual interacts often influences the trait value in the focal individual. Maternal effects is a classic example of this phenomena, as is fitness. If these traits are heritable, then the selection response depends on both the change in the direct effects influencing a target trait and the associative effects contributed by interacting individuals. In such a setting, the breeder's equation no longer holds, as the problem is now a multiple trait one. This chapter examines the theory of response under models with both direct and associative effects, which can lead to a reversed response (a trait selected to increase instead decreases). The evolution of behavioral traits, including the evolution of altruism, is best handled using this approach. Further, kin and group selection follow as special cases of the gerenal model under multilevel selection. This chapter also examines how mixed models can be used estimate model parameters.

Classic international law holds that each state can choose the relationship between its ‘domestic’ law and ‘international’ law. Two—constitutional—theories thereby exist: monism and dualism. Monist states make international law part of their domestic legal order. International law will here directly apply as if it was domestic law. By contrast, dualist states consider international law separate from domestic law: international law is viewed as the law between states; national law is the law within a state. International law needs to be ‘transposed’ or ‘incorporated’ into domestic law; and it can therefore only have indirect effects through the medium of national law. For dualist states, all European law would need to be ‘incorporated’ into national law before it could have domestic effects. Individuals would here never come into direct contact with European law; and where a Member State violated European law, individuals could not invoke ‘their’ European rights in the national courts.

Direct effect is the capacity of a norm of EU law to be applied in domestic court proceedings, whereas primacy (or supremacy) denotes the capacity of that norm to overrule inconsistent norms of national law in domestic court proceedings. The two principles are closely linked, and are characteristic features of the EU legal order. In the spirit of the volume, this chapter discusses the evolution of the European Court’s case law dealing with the two principles, with special attention to the circumstances in which the Court ‘invented’ the doctrines of direct effect and primacy almost sixty years ago. The chapter draws the attention to some less explored aspects of the evolution of the European Court’s case law and discusses the generally friendly, but also occasionally frosty, reception of that case law by its addressees, the national courts of the member states.

This chapter presents a broader theoretical framework for how social support influences physical health. It specifies the pathways responsible for the links between social support and health by integrating existing models with morbidity and mortality studies. It also discusses the retuned stress-related and direct effect models. These models can be used as conceptual guides for future research relevant to social support.

This chapter extensively analyses the equal treatment in the social Security Directive and the CJEU case law interpreting and applying that directive. It begins with a discussion of the objectives of the directive then proceed to analyse the scope of directive from the point of view of the persons and benefits it covers. The principle of equal treatment is discussed as is the direct effect of that principle and the consequences of direct effectiveness. A section is devoted to the exception to the principle of equal treatment, in particular the derogation in respect of pensionable ages and the consequence for other benefits.

The aim to defend legal monism requires more than just mere epistemology, as sceptics might argue that monism is incapable of describing the real legal world and the law as it is. Consequently, this part offers a precise analysis as to whether two or more distinct bodies of law blend into a unitary legal order or whether they evade such integration. Thus, it will assess the assumptions of the pure theory of law, and in particular those of legal monism, namely between national law and public international law; and between national law and European Union law. The objective of this assessment is to show whether monism is in fact capable of describing the legal reality as well as or even better than dualism or pluralism.

Where multiculturalists have argued that shared multicultural values and multicultural policies may form the basis for national unity and secure the allegiance of minorities to the polity and its members, critics have suggested that multiculturalism fractures society and promotes commitments to ethnic in-groups rather than trust and solidarity at the societal level. Based on a review of existing studies, this chapter concludes that multicultural policies do not seem to make much of a difference for these aspects of social cohesion, but that insofar as they do have an impact, it seems to be positive. More importantly, multicultural values seem to have positive direct value effects, not only on out-group trust and solidarity, but also on trust and solidarity in the in-group. Thus, as argued in Chapter 4, multicultural policies are in some cases supported by concerns for equality, and there is furthermore no evidence that such policies are detrimental to the social basis for egalitarian redistribution. In fact, the evidence suggests that states can strengthen social cohesion by engaging in community-building based on liberal and multicultural values.