Horizontal direct effect Definition

GLOSSARY

What does Horizontal direct effect mean?

Horizontal direct effect is an EU law doctrine that allows a private party to invoke EU law before a national court against another private party.

The CJEU recognizes the horizontal direct effect of certain provisions of the EU Treaties, regulations and decisions, but not of directives. Since directives are not horizontally directly effective, the distinction between a private party and an emanation of the state is of vital importance, in particular when the application of a directive is at stake. The CJEU has given a broad interpretation of concept 'state' in order to temper the effects of a lack of horizontal direct effect of directives. The horizontal direct effect doctrine plays an important role in the realization of individual's rights arising from EU law.

View the related practice notes about Horizontal direct effect

Overview of the EU legal system

Introduction to the EU legal systemThe EU legal system is sui generis—there is no other legal system it can be compared to, though it draws elements from many. The key to understanding how it works is to avoid trying to subsume it into (or compare it to) a national system and observe its behaviour from different angles.From its inception, the EU (at the time, the EEC) was intended to grow and become more than an economic bloc, which is why the founding Member States agreed to transfer parcels of sovereignty to the newly 'supranational' institutions. Supranational as the word indicates is something placed over a national structure. The term is used to denote the opposite to intergovernmental where decisions are taken by consensus and linked to national government interests.Upon joining the EU, Member States are no longer able to adopt, independently, legislation in the areas delegated by the EU Treaties ie the Treaty on the European Union (TEU) and Treaty on the Functioning of the European Union (TFEU) and their...

The status of EU law in the UK after Brexit [Archived]

The status of EU law in the UK after Brexit [Archived] ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note provides background reading on the key forms and principles of EU law and legislation, examining the impact of Brexit on EU-derived law and legislation in the UK. For further reading on this subject, see Practice Notes: Brexit—key legislation explained and Retained EU law and assimilated law. For further reading on Brexit generally, see: Brexit toolkit. Effect of Brexit on EU law in the UK The UK ceased to be an EU Member State at 11 pm on 31 January 2020 (exit day). As of that point, directly applicable EU law ceased to apply to the UK under the EU Treaties and the UK ceased to be bound by the obligations under those treaties, which require EU Member States to ensure that their domestic legislation meets the EU obligations set out in EU laws. EU law itself, and its effect on Member States, is...

Discover our 15 Practice Notes on Horizontal direct effect

The EU’s last breath? Domestic national minimum wage provision declared to be discriminatory against women (Thukalil v Puthenveettil)

Employment analysis: On 5 April 2023 the Employment Appeal Tribunal (EAT) handed down judgment in Thukalil v Puthenveettil holding that a domestic provision exempting ‘family workers’ from receiving the national minimum wage (NMW) amounted to sex discrimination under directly effective EU legal rights. Akua Reindorf KC of Cloisters chambers, instructed by the Anti Trafficking and Labour Exploitation Unit, appeared successfully for the claimant. Imogen Brown, a pupil at Cloisters, discusses the judgment and its implications.

EU Law weekly highlights—20 January 2022

This week’s edition of EU Law weekly highlights includes the CJEU maintaining the policy of no horizontal effect for directives, the CJEU’s finding that a decision to revoke the assurance of naturalisation must take into account the proportionality of this decision when it prevents the person from recovering EU citizenship, the ECB publishing an opinion on the ‘daisy chain’ proposal to amend EU CRR and BRRD, the Eurogroup President announcing the process to be brought forward to progress Banking Union initiatives and the SRB extending its call for tender for the provision of legal advice. The highlights further include the French CNIL issuing guidance on re-use of personal data by sub-contractors and processors, the ECHA issuing advice on applying dose levels in toxicity testing and CNIL launching a consultation on framework for ‘intelligent’ video devices.

Read the latest 7 News articles on Horizontal direct effect

Speed up all aspects of your legal work with tools that help you to work faster and smarter. Win cases, close deals and grow your business–all whilst saving time and reducing risk.

Case studies

"I'm able to do more in the day, which means I'm providing more value to my clients - and it's helped my margins in terms of how much I can bill. ��˾��ҹ�� is helping me make money."

ParrisWhittaker

Access all documents on Horizontal direct effect

GET ACCESS NOW

Top

Trial

��˾��ҹ��

GLOSSARY