Vertical and horizontal direct effect
Definition of direct effects. Definition of vertical and horizontal direct effects. Direct effects of treaty articles , regulations and directives. Indirect effect. State liability. Incidental direct effect.
Does the distinction between vertical and horizontal direct effects cause difficulties for individuals in actions involving Community law? If so, what has been done to mitigate these difficulties?
European Union Member States are working together to achieve common goals. It is achieved, by the harmonisation of laws within the member states. Directives are the main way in which harmonisation is achieved. The EU creates these directives setting out what is required in terms of the law to be introduced. Moreover, directives are direct effect, which can be classified into two types: vertical and horizontal direct effect. In this paper, I will try to answer does the distinction between vertical and horizontal direct effects cause difficulties for individuals in actions involving Community law and define what has been done to mitigate these difficulties.
The most important principle of Community law developed by the European Court of Justice (ECJ) is that the Community attempts to form a new legal order which provides rights to individuals. Particular provisions of the Community law are directly effective since they frame „individual rights that the national courts have to protect“ without any implementing measure. Thus the concept of direct effect is more pertained to the rights rather then to the obligations fullfilled by individuals.
To start with, the classic definition of the direct effect concept is associated with the case of Van Gend en Loos v Nederlandse Administratie der Belastingen, i.e. the direct effect of European law has been consolidated by the Court of Justice in the resolution of Van Gend en Loos of 5 February 1963. The main principle of direct effect allows individuals to immediately use European provision before a national or European court and it is related to a certain European acts. It means that European law not only provide obligations for EU member states, but also rights for individuals.