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.