EUROPEAN UNION DIRECTIVES: BETWEEN THE RECOGNIZED VERTICAL AND THE UNACCEPTED HORIZONTAL DIRECT EFFECT

Abstract

Directives are legal acts which bound Member States only in regard to the objectives and results to be achieved, while the choice of form and methods to achieve them is left to the discretion of national authorities. Due to their legal nature and place in the EU legal system, directives do not create direct rights and obligations for individual subjects but only for the Member State which it is refers to. The problem, however, arises when a Member State, infringing its obligation, fails to implement the directive or adopt inadequate implementation measures within the prescribed deadline. Faced with this kind of situation, the Court of Justice recognized a vertical direct effect of EU directives, but is still hesitant in acknowledging a horizontal direct effect. In addition, the Court accepted their interpretative and incidental effect, as well as state liability in damages, in situations of non-implementation of directives.

Key words: directives, direct effect, vertical direct effect, horizontal direct effect, interpretive effect, incidental effect, compensation liability