The Legal Effect of Directives: Policy, Rules and Exceptions

European Law Review, Vol. 34, No. 3, p. 349, 2009

Oxford Legal Studies Research Paper No. 24/2009

31 Pages Posted: 16 Jul 2009  

Paul P. Craig

University of Oxford - Faculty of Law

Date Written: July 8, 2009

Abstract

This article reconsiders the legal effect of Directives for private parties within Community law. This is a vexed issue that has generated significant academic commentary and much case law. The qualifications and exceptions to the basic proposition that Directives do not have horizontal direct effect continue to grow, thereby rendering this overall area even more complex than it was hitherto. The article seeks to shed light on this topic by subjecting to critical scrutiny the policy underlying the 'core rule' that denies horizontal direct effect to Directives, and considering whether the judicially created exceptions or qualifications to that policy are consistent with it.

Keywords: Directives, direct effect, indirect effect, incidental effect, principle of interpretation, legal reasoning

Suggested Citation

Craig, Paul P., The Legal Effect of Directives: Policy, Rules and Exceptions (July 8, 2009). European Law Review, Vol. 34, No. 3, p. 349, 2009; Oxford Legal Studies Research Paper No. 24/2009. Available at SSRN: https://ssrn.com/abstract=1433782

Paul P. Craig (Contact Author)

University of Oxford - Faculty of Law ( email )

St. Cross Building
St. Cross Road
Oxford, OX1 3UJ
United Kingdom

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