About the lack of direct horizontal effect of Directives in European Union Law

Abstract

The article aims to shed light on the distinction between Regulations and Directives as normative acts of European Union Law (derived). Based on these concepts, the principle of direct effect of European Union Law and the notion of direct applicability are clarified. These concepts do not have the same dimension in all European Union acts. The CJEU's case law recognizes the direct applicability of the Regulations (i.e. a direct vertical and horizontal effect). In the case of Directives, that jurisprudence only supports the possibility of vertical direct effect in relations between individuals and the State or public authorities in accordance with which individuals can invoke norms of a directive that are sufficiently clear, precise and unconditional in the context of relations legal-public. The CJEU does not recognize the possibility of a direct horizontal effect of Directives, which would be exercised in relationships between individuals (private legal relationships).