Direct and indirect effect of European Uniondirectives in the context of European UnionCourt of Justice decisions

Abstract

The objective of this article is to analyze the direct effect of EU directives in vertical and horizontal legal relationships as well as theindirect effect of EU directivesin the context of EU Court of Justice decisions. In particular, attention is paid to the study of the consolidated legal positions regarding the possibility of the “verticaldirecteffect”, “horizontaldirecteffect” and “indirect effect”of EU directives.Dialectical, comparative-legal, historical, and formal dogmatic methods were used in the research.As the resultof analyzewas made the conclusion that the EU directives, which are used by national courts to fulfill their obligations regarding the respective interpretation, can not be considered with direct effect, because in such disputes they serve as a means of determiningthe scope of other legal provisions that the national court treats or interprets. In such situations, the directive may be applied in cases indirectly, that is, by virtue of another (national) provision, as interpreted.

Current Problems of the Interaction Between International Law and the European Union Law

“…The concept of legal pluralism is based on the close relationship between the EU's legal order and the member states' national legal orders. It contributes to forming a new concept of the direct effect of norms in international legal doctrine and the same interpretation in light of their constitutional role, which will take into account the peculiarities of domestic constitutional law and be expressed in various constitutional legal systems (Gutnyk at al, 2021;Burak at al, 2022). This concept will be somewhat different from traditional approaches to understanding and using relevant principles of both national and international law.…”