The Relationship between UN CRPD and EU Law
Direct Effect of the UNCRPD?
Direct effect means that the intended beneficiaries of a certain provision can enforce their right directly before national courts. The Court of Justice of the European Union defines direct effect even further: it rules that provisions must be unconditional and sufficiently precise to be awarded direct effect. According to the Court, the provisions of the UNCRPD are not unconditional and sufficiently precise (Z v. A Case C- 363/12). The Court’s reasoning points to the fact that the Convention is directed at States, which prevents it from being directly effective (Art. 4 (1) UN CRPD).
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