Why Is It Better to Treat Every Provision of a Directive as a (Horizontally) Directly Effective One

Abstract

Provisions of directives are not horizontally directly effective. This contribution explains how that initial choice and statement made by the Court of Justice in Marshall became gradually undermined. It outlines the exceptions to this rule. If viewed together, they make one wonder what is the rule and what are the exceptions at present, in particular in areas like employment law or various aspects of prohibition of discrimination. Hence the advice that could be given to national practitioners, puzzled about the normative impact of directives in horizontal relationships at present: after the lapse of transposition period, it is prudent to treat every provision of a directive as a horizontally directly effective one.

Keywords: EU Law, Directives, Horizontal Direct Effect, Charter of Fundamental Rights, Applicability in Horizontal Relations