lecture 8- indirect effect

Question 1

Do directives have horizontal and vertical effect?

Answer 1

Horizontal? No
Vertical? Yes

Question 2

How do courts go around the fact that directives have no horizontal effect?

Answer 2

-broad intrepetation of vertical:
* public entities=vertical
* all public entities acting as employer= vertical
* private entities sometimes regarded as public (emination of the state)= vertical

Question 3

What is indirect effect?

Answer 3

Facconi Dori Case
* National courts are required to interpret their national law in the light of the wording and purpose of the directive in order to achieve the aim of the directive.

Question 4

What are the limits of indirect effect?

Answer 4

1. There must be national law to interpret, National court cannot ‘create’ new laws.
2. NO contra legem intrepetation- interpretting law in a way it gets an entirely different meaning.

Question 5

What is Emanation of the State?

Answer 5

• Private entity is considered as public entity to make the situation ‘vertical’
• When?
• company provides public service
• has special powers because of that purpose.