The Direct Effect Of EU Directives: Fresh Controversy Or a Storm in a Teacup? Comment On Portgás
2014; Sweet & Maxwell; Issue: 6 Linguagem: Inglês
ISSN
0307-5400
Autores Tópico(s)International Arbitration and Investment Law
ResumoThe judgment of the Court of Justice in Portgas v Ministerio da Agricultura, do Mar, do Ambiente e do Ordenamento do Territorio 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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