The “disguised” Vertical Direct Effect of Directives?

Abstract

This paper addresses one aspect of the European Court of Justice’s troubled case-law on the direct effect of Community directives: the so-called “incidental effect” of unimplemented directives against private parties, and its uncomfortable relationship to the basic framework of legal principles so forcefully affirmed by the Court in Faccini Dori [1994] E.C.R. I-3325. It is argued that the judgments in question can perhaps best be understood as some form of “disguised” vertical direct effect, but that any such solution merely reinforces the unsatisfactory policy quandary which besets this area of Community law.

The Limitations to Workers Accessing Eu Rights: Awareness, Advice and Enforcement

“…Further it uses empirical evidence to demonstrate the shortcomings of the current access to, and enforcement of, EU law. This material is developed which concurs with the theoretical based work of Barmes (1996); 24 Curtin (1990); 25 Dougan (2000); 26 Fitzpatrick (1997); 27 Kristov et al (1986); 28 and Ruffert (1997) 29 among others as to the need for an alternative to the current enforcement mechanisms available.…”

“…Investigation into whether this has been successfully achieved for UK workers in terms of their awareness of rights, source of advice and rights, and the knowledge of their advisers is required. Previous research (Leighton 1990;22 Blackburn and Hart 2002) 23 has focused on the impact of EU be changing in light of more recent decisions -see Dougan (2000) for an excellent account of this form of 'disguised' Direct Effect. 20 The term 'worker' is used in its broadest sense.…”