Direct Effect Essay

To what extent do the provisions of the EU Charter of Fundamental Rights have direct effect? Answer with reference to the court’s case law

The aim of this essay is to explore the extent to which the provisions of the EU Charter of Fundamental Rights have direct effect. The first section will provide a definition of direct effect as a basic principal and elaborate on vertical and horizontal, direct effect with the use of case law. The second section will review the supremacy of EU law and highlight scope of direct effect. The third section will look at what the Charter of Fundamental Rights of the EU stands for and highlight the six provisions and find cases to show to what extent they have direct effect. The last section will provide a conclusion to summarise the research.

Direct effect: the basic principle Direct effect as a basic principle is a

It can apply in relation to regulations, directive, treaty provisions and decisions. There are two types of direct effect; vertical and horizontal. Vertical direct effect concerns relationship between EU law and national law specifically states obligation to ensure its observance and its compatibility with EU law, thereby enabling citizens to rely on it in actions against the state or against public bodies; on ‘emanation of the state’ Foster v British Gas Plc. Horizontal direct effect concerns relationship between individuals including companies. If certain provisions of EU law horizontally directly effective, then citizens able to rely on it in actions against each other. Directives usually incapable of being horizontally directly effective. Certain provisions of the treaties and legislative acts such as regulations are