Search results
People also ask
What is the difference between horizontal and vertical direct effect?
Can directives have horizontal direct effect?
Are inverse vertical direct effect and horizontal direct effect superfluous?
Do EU directives have direct effect?
Can directives produce descendent vertical direct effect?
What are the two aspects of direct effect?
Jul 10, 2022 · This article critically discusses the rule that directives cannot have horizontal direct effect and when Directives are given horizontal direct effect.
- What Does The Judgment establish?
- Key Points
- Background
- Main Document
- Related Documents
In its judgment, the Court of Justice of the European Union (the Court) enshrines the direct effect of European Union(EU) law.The judgment states that EU law not only engenders obligations for EU Member States, but also rights for individuals. Individuals may therefore take advantage of these rights and directly invoke EU...Horizontal and vertical direct effect There are two aspects to direct effect: a vertical aspect and a horizontal aspect. 1. Vertical direct effectis of consequence in relations between individuals and the country. This means that individuals can invoke a provision of EU law in relation to the state. 2. Horizontal direct effectis of consequence in r...
Along with the primacy of EU law(also known as precedence), direct effect is a fundamental principle of EU law.
Judgment of 5 February 1963, NV Algemene Transport- en Expeditie Onderneming van Gend en Loos v Netherlands Inland Revenue Administration, C-26/62, ECLI:EU:C:1963:1.
Judgment of 10 November 1992, Hansa Fleisch Ernst Mundt GmbH & Co. KG v Landrat des Kreises Schleswig-Flensburg, C-156/91, ECLI:EU:C:1992:423. Judgment of 12 December 1990, Peter Kaefer and Andréa Procacci v French State, joined cases C-100/89 and C-101/89, ECLI:EU:C:1990:456. Judgment of 30 September 1987, Meryem Demirel v Stadt Schwäbisch Gmünd, ...
EU treaty provisions, regulations and decisions are capable of both vertical and horizontal direct effect. Directives can generally only have vertical direct effect. For a directive to have direct effect, there is a further requirement that the time limit for implementation by member states has expired.
Aug 4, 2019 · In turn, the prohibitions of inverse vertical direct effect and horizontal direct effect of directives would be superfluous in the context of EU environmental law, a conclusion which has no support in the case law.
- Lorenzo Squintani, Justin Lindeboom
- 2019
Jan 5, 2023 · The Rule: No Horizontal Direct Effect of Directives. Directives will be directly effective if they meet the Van Gend conditions: sufficiently clear and precise, unconditional and independent of further implementation measures.
After stating that directives could not produce horizontal direct effect, the Court adopted a very broad construction of the State in Marshall I itself. This result gave greater pliancy to the principle of ascendant vertical direct effect. Thus, the applicant in that case was ultimately
Horizontal direct effect concerns the relationship between individuals (including companies). If a certain provision of EU law is horizontally directly effective, then citizens are able to rely on it in actions against each other.
