The direct effect of EU directives: Fresh controversy or a storm in a teacup?
European Law Review
Sweet & Maxwell
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Albors-Llorens, A. (2014). The direct effect of EU directives: Fresh controversy or a storm in a teacup?. European Law Review, 39 850-862. https://www.repository.cam.ac.uk/handle/1810/251076
This is the author accepted manuscript. The final version is available from Sweet & Maxwell.
The judgment of the Court of Justice in Portgás v Ministério da Agricultura, do Mar, do Ambiente e do Ordenamento do Território can be read as adding a new twist to the drawn-out saga on the direct effect of unimplemented directives in EU law. It essentially concludes that a defaulting State can enforce a non-implemented directive against one of its own emanations. Thus, it can be construed as endorsing a new type of direct effect that might be classified as “intermediate” horizontal direct effect. However, the Court reached that conclusion using a rationale based on the duty to ensure the effective implementation of directives that binds the Member States and without explicitly recognising the existence of a new direct effect dimension. This comment evaluates the potential repercussions of the judgment.
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