Nobody downloaded yet

The Prohibition of Horizontal Direct Effect of Directives - Essay Example

Comments (0) Cite this document
Summary
This essay aims to discuss the different kinds of effects of a directive to the member states' national legislation, public entities and individuals. The discussion is based on case law of the European Court of Justice. In line with this, this essay will discuss the extent of the court's duty of interpretation in filling the gap in judicial protection which was created because of the denial of the horizontal direct effect of directives…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER97.6% of users find it useful
The Prohibition of Horizontal Direct Effect of Directives
Read TextPreview

Extract of sample "The Prohibition of Horizontal Direct Effect of Directives"

Download file to see previous pages In order to fully implement its policies, pieces of legislation are enacted by the European Parliament, European Commission and the Council of the European Union. On the other hand, the European Court of Justice plays an important role in the interpretation of European Union laws which consist of treaties, regulations and directives among others. Its interpretation aids the member states in the proper implementation of the European Union laws.
In its case law, the European Court of Justice has introduced the principle of direct effect of European Union laws in the member states. The principle of direct effect was designed to ensure the effectiveness of the European laws, enabling the citizens to use it before their respective national courts. Correspondingly, the doctrine of direct effect have a substantial effect on the legal systems of the member states, because it paved the way for individuals to enforce rights which originates from community legislation before their national courts. And as such, the principle has become a distinctive aspect of the European Union.
The landmark case of Van Gend and Loos v. ...
ven though the treaty did not state that it was directly effective, it was in consonance with the nature of the treaty that the provision on the abolition of custom duties should be directly effective. Significantly, the court enumerated the guidelines for establishing direct effect to wit: The provision must be sufficiently clear and precisely stated, it must be unconditional or non-dependent and provision must confer a specific right for the citizen to base his or her claim (Van Gend and Loos v. Netherlands Inland Revenue Administration, 1963). Conformity with the aforementioned guidelines will enable European citizens to enforce their rights and to rely directly on the provisions of Community law before their national courts. Similarly, the court states that the direct effect confers the company a direct assurance of its rights under Community law before its national courts. The principle of direct effect goes after the principle of primacy of community laws developed by the European Court of Justice in the case of Costa v. ENEL. In the case of Costa v. ENEL, (1964) the court likewise pointed out in paragraph seven of the case, that a member state's obligation under the European Economic Community Treaty, in the execution, effect or adoption of any measures either by States or by Commission is legally complete and consequently producing direct effects on the relations between member states and individuals. Correspondingly, it becomes an integral part of the legal system of the member state, and as such, national courts are duty bound to protect it.
The principle of direct effect, basically deals with the enforceability of European Union laws by citizens of member states. The Doctrine of Direct effect can be classified into two. The vertical direct effect and the ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“The Prohibition of Horizontal Direct Effect of Directives Essay”, n.d.)
The Prohibition of Horizontal Direct Effect of Directives Essay. Retrieved from https://studentshare.org/miscellaneous/1526546-the-prohibition-of-horizontal-direct-effect-of-directives
(The Prohibition of Horizontal Direct Effect of Directives Essay)
The Prohibition of Horizontal Direct Effect of Directives Essay. https://studentshare.org/miscellaneous/1526546-the-prohibition-of-horizontal-direct-effect-of-directives.
“The Prohibition of Horizontal Direct Effect of Directives Essay”, n.d. https://studentshare.org/miscellaneous/1526546-the-prohibition-of-horizontal-direct-effect-of-directives.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF The Prohibition of Horizontal Direct Effect of Directives

Advance Directives

... is merely a request declining treatment of a mental health condition. Part 4 of the Mental Act empowers physicians to treat mental conditions, the patient’s wishes notwithstanding. This is because the Mental Act, 2005 is supreme and other directives are ancillary to it. According to Jacobs and Martyn (1994), a doctor may also treat an AD as legally binding, only if: there are no changes that have been made; there are no ambiguities in the wordings of the AD; and if there have not been advances in treatment which may have had consequences on the initial treatment. The first condition is to the effect that even changes to a religion which proscribes the refusal to treatment may be disregarded by the physician. The second condition... is to...
2 Pages(500 words)Essay

Horizontal Drilling

...are easier to be achieved; for instance the production of water is avoided. Rowan co. Inc., Direct Horizontal drilling co., and Basin Drilling Co. L.L.C. are some of the companies that are using these horizontal drilling techniques. Figure 1: Adopted from Helms (p.1 Figure 1). It can be clearly observed from the figure above that the horizontal technique A, is exposed to a far larger area of the reserve as compared to the vertically drilled well B. Importance to the Industry It is easier to build a larger oil reservoir with a significantly smaller amount of horizontally drilled well, as a larger rock can be drained in contrast to the vertically drilled...
3 Pages(750 words)Essay

State Liability and Direct Effect

...conditions.According to which the provision should be clear and precise, non-conditional and should confer rights upon individuals. There are two types of direct effect: vertical direct effect and horizontal direct effect. In case of the former, the individual can file a case against the state, while in the case of the latter the inidividual can use it against another individual or any non-State entity. Further, in order to use Direct Effect , the particular European Community law must be either a Directive ,or Treaty Article or a Regulation and it must claim to confer...
4 Pages(1000 words)Essay

The Effect of Direct Effect on Directives

...out in this case, European Community regulations were also valid when tried in the national courts, because the regulations were similar to the national laws in that they had a similar effect upon an individual’s rights and responsibilities. Therefore in effect, the Court has ruled that a new legal order has been created. The Direct Effect creates individual rights which the domestic courts must protect without needing to resort to the States concerned, since EU law took precedence. This is known as the “vertical direct effect” of Treaty articles. A “horizontal direct effect” was laid...
10 Pages(2500 words)Essay

Effectiveness and coherence in the EU legal order would be better served if provisions in directives were deemed capable of horizontal direct effect

... 55 “Effectiveness and coherence in the EU legal order would be better served if provisions in directives were deemed capable of horizontal direct effect.” Discuss. Introduction In order to answer the above it is necessary to look at the difference between horizontal and vertical direct effect and analyse when each can be used. It will then be possible to determine whether directives would be more effective and coherent if horizontal direct effect could be applied to them. Horizontal direct effectHorizontal direct effect was first brought under consideration in the case of Defrenne v SABENA (Case 2/74) [1974] ECR 631. In this case the judge made the distinction between vertical direct effect and horizontal direct effect stating... that the...
10 Pages(2500 words)Essay

Directives

...against a health authority. This is because a health authority is automatically an organ of the state1. The government of the United Kingdom had implemented the Directive with some changes. As such, the working hours were increased and the time of rest was reduced. With regard to compensation for damages, the ECJ made it clear in R v H.M. Treasury that individuals can claim damages for the losses they had incurred due to the non – implementation or incorrect implementation of a Directive by a state. However, an individual cannot invoke the horizontal direct effect of a directive against another individual, if the state had failed to...
7 Pages(1750 words)Essay

Prohibition

...Rise of prohibition and the temperance movement For many years, alcohol consumption in the United s was very high in that the total cost the government incurred was more than the total expenditure of the federal government. Young people at very early ages started neglecting their families and deprived them of food and shelter. People started worrying that the United States will be known as a nation of the drunkards. Fellow drunkards started taking initiatives, and they formed a society of reformed drunkards. Clergy men argued that there is no way drunkards could help in cleansing the country. That is when the church based organizations sprung and joined hand with the society of reformed drunkards to help men do away...
1 Pages(250 words)Essay

Advance Directives

...Advance Directives Terminal illnesses affect patients and more so the healthcare sector in diverse and dynamic ways. Irreversible life-threatening illnesses are expensive and progressively deteriorate the overall welfare of the patient. In this respect, advance directives are increasingly becoming critical to consider. Aggressive care for terminal illnesses raises health care costs without guaranteeing the patient an enhanced quality of life in the long term (Aggressive care to the end: Who pays?). For this reason, it is important to make end-of-life decisions while in good health. End-of-life wishes are not common among many people. This is because individuals allow life to take its natural course. In...
1 Pages(250 words)Essay

Advance directives

...to their patients. Legal perspective of Confidentiality In order to effectively comprehend legal approaches to confidentiality, it is of significance to posit that the kind of care provided to a patient is dependent on the relationship he or she has with the medical practitioner. Patients divulge all their private information to their healthcare providers with an assumption that the information will not fall into the wrong hands. In a legal perspective, it is the responsibility of medical professionals to maintain confidentiality of their clients information once trust has been developed. It is also a legal right for all individuals to receive high quality medical treatment. Adjoined to this is the constitutional...
5 Pages(1250 words)Research Paper

Advance Directives

...Advance Directives due: An advance directive refers to a legitimate document that gives individuals the chance to make decisions regarding their end-of-life care (Caring Connections, 2015). In case a person becomes powerless to make such decisions due to various reasons, the advance directive communicates the wishes of the patient to the family and health care providers. Advance directives can either be in form of a living will or medical power of attorney (Caring Connections, 2015). In the case of a medical power of attorney, a surrogate decision maker is required. In an interview with a client, several factors were identified that were of importance to him; in regard to...
1 Pages(250 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic The Prohibition of Horizontal Direct Effect of Directives for FREE!

Contact Us