The ECJ Decision in Mangold: A Further Twist on Effects of Directives and Constitutional Relevance of Community Equality Legislation

Posted: 29 Feb 2008 Last revised: 11 Dec 2017

See all articles by Dagmar Schiek

Dagmar Schiek

Sutherland School of Law, University College Dublin; University College Cork - School of Law; Queen's University Belfast - School of Law; Queen's University Belfast - School of Law; University of Bremen (- 10/1999); University of Leeds - up to 10/2014

Date Written: September 1, 2006

Abstract

This long annotation to the ECJ's decision in Mangold focuses on the question whether the Court indeed approved of horizontal effects of directives, or whether the relevance of the case is narrower and more important at the same time. I defend the view that the Court accorded exclusionary horizontal effects to such provisions in directives which give expression to constitutional principles. Exclusionary effects are merely negative, in that they exclude application of a piece of national law. Thus, the provision of a directive never is directly effective in horizontal relations. This view was confirmed by the German Constitutional Court in its final decision on the matter (the case is known under "Honeywell case" in 2010. I explain the relevance of this in my annotation of the ECJ ruling in Kuecuekdeveci (sorry, can't be bothered to copy-paste the Umlauts), which was published in the 2010 in the European Labour Law Review.

Keywords: European Union, effects of directives, human rights, anti-discrimination

Suggested Citation

Schiek, Dagmar G., The ECJ Decision in Mangold: A Further Twist on Effects of Directives and Constitutional Relevance of Community Equality Legislation (September 1, 2006). Industrial Law Journal, Vol. 35, Issue 3, pp. 329-341, 2006, Available at SSRN: https://ssrn.com/abstract=1095612 or http://dx.doi.org/10.1093/indlaw/dwl026

Dagmar G. Schiek (Contact Author)

Sutherland School of Law, University College Dublin ( email )

Belfield
Dublin 4
Ireland

HOME PAGE: http://https://people.ucd.ie/dagmar.schiek1

University College Cork - School of Law ( email )

School of Law (-10/2023)
Aras na Laoi, College Road
Cork, County Cork
Ireland

Queen's University Belfast - School of Law ( email )

School of Law
Queen's University Belfast
Belfast BT7 1NN, BT7 1NN
Northern Ireland

Queen's University Belfast - School of Law ( email )

School of Law
Queen's University Belfast
Belfast BT7 1NN, BT7 1NN
Northern Ireland

University of Bremen (- 10/1999)

Bremen
Germany

University of Leeds - up to 10/2014 ( email )

Leeds, LS2 9JT
United Kingdom

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