Varieties of Direct Effect
In Van Gend en Loos it was decided that a citizen was able to enforce a right granted by European Community legislation against the state - the question of whether rights could be enforced against another citizen was not addressed. In Defrenne v. SABENA, the European Court of Justice decided that there were two varieties of direct effect: vertical direct effect and horizontal direct effect, the distinction drawn being based on against whom the right is to be enforced.
Vertical direct effect concerns the relationship between EU law and national law - specifically, the state's obligation to ensure its observance and its compatibility with EU law, thereby enabling citizens to rely on it in actions against the state or public bodies; an "emanation of the state" as defined in Foster v. British Gas plc.
Horizontal direct effect concerns the relationship between individuals (including companies). If a certain provision of EU law is horizontally directly effective, then citizens are able to rely on it in actions against each other. Directives are usually incapable of being horizontally directly effective. Certain provisions of the treaties and legislative acts such as regulations are capable of being directly enforced horizontally.
Read more about this topic: Direct Effect
Famous quotes containing the words varieties of, varieties, direct and/or effect:
“Now there are varieties of gifts, but the same Spirit; and there are varieties of services, but the same Lord; and there are varieties of activities, but it is the same God who activates all of them in everyone.”
—Bible: New Testament, 1 Corinthians 12:4-6.
“Now there are varieties of gifts, but the same Spirit; and there are varieties of services, but the same Lord; and there are varieties of activities, but it is the same God who activates all of them in everyone.”
—Bible: New Testament, 1 Corinthians 12:4-6.
“Art need no longer be an account of past sensations. It can become the direct organization of more highly evolved sensations. It is a question of producing ourselves, not things that enslave us.”
—Guy Debord (b. 1931)
“In his very rejection of art Walt Whitman is an artist. He tried to produce a certain effect by certain means and he succeeded.... He stands apart, and the chief value of his work is in its prophecy, not in its performance. He has begun a prelude to larger themes. He is the herald to a new era. As a man he is the precursor of a fresh type. He is a factor in the heroic and spiritual evolution of the human being. If Poetry has passed him by, Philosophy will take note of him.”
—Oscar Wilde (1854–1900)