Horizontal direct effect meaning

What is indirect effect of EU law? The doctrine of indirect effect, also called consistent interpretation, imposes on national courts, as organs of the Member State charged with fulfilling EU commitments, a responsibility to construe domestic legislation in the light of EU law, in particular Directives. Through careful judicial reading of applicable national rules it indirectly secures the outcome that direct effect of Directives would deliver where that route is unavailable. The Court of Justice articulated the principle in Von Colson and enlarged its reach in Marleasing. It likewise functions to help to offset, at least to a degree, the adverse legal consequences of the refusal to acknowledge horizontal direct effect of Directives. For further background, consult Practice Note: Direct effect of EU law. Von Colson concerned a request for a preliminary ruling on the interpretation of Directive 76/207/EEC on giving practical effect to the principle of equal treatment for men and women regarding access to employment, vocational training and promotion, and working conditions. The underlying national dispute involved...

What is direct effect of EU law? The doctrine of direct effect is a central principle of EU law fashioned by the Court of Justice of the European Union (CJEU) in Van Gend en Loos. It provides a route for individuals to rely on EU law to assert rights in the courts of Member States—a remedy where EU obligations are not upheld. In Van Gend en Loos, the relevant EU rule was a Treaty article, i.e. primary law. The transport company Van Gend & Loos had brought goods from Germany into the Netherlands and was required to pay customs duties it regarded as contrary to Article 12 of the EEC Treaty (now Article 30 of the Treaty on the Functioning of the European Union (TFEU)), which bars increases in customs duties in trade between Member States. The preliminary reference addressed the incompatibility between national law and the Treaty provisions. The Court of Justice responded to the Netherlands court by formulating the principle of direct effect, thereby granting the company...

Judicial enforcement of EU law Alongside the enforcement tools available to EU institutions via the EU infringement procedure—such as referring matters to the Court of Justice of the European Union—there exist a number of judge-made principles, devised by the Court of Justice of the European Union, to secure the application of EU law within Member States. Put differently, when EU law is not observed, individuals have access to remedies. These principles, which fall within what is commonly termed the judicial enforcement of EU law, are: direct effect indirect effect state liability Their evolution occurred chiefly through the preliminary ruling mechanism, a framework through which national courts of the Member States co-operate and engage in dialogue with the Court of Justice of the European Union so as to achieve a harmonised interpretation of EU law. For further reading, see Practice Note: References to the Court of Justice of the European Union—the system of preliminary rulings. Whenever persons are affected by...