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Understanding and Effects of EU Directives

Understanding and Effects of EU Directives General principles of law, treaties, the EU Charter of Fundamental Rights, regulations, directives, framework decisions and other sources of EU law have their distinctive nature, which is reflected in their effects on legal relationships. This article focuses on the interrelationship between national and EU law, primarily focusing on the various impacts of directives and framework decisions. The Court of Justice of the European Union (CJEU) has clarified that directives may, in certain situations, have both a vertical direct effect and, in some limited cases, also a de facto incidental horizontal direct effect on a legal relationship. In addition, directives can have a decisive role in interpreting national law. These tools to deal with national and EU law inconsistencies are analysed in detail. The chapter aims to establish a comprehensive understanding of the topic and add the Estonian perspective by providing an insight into the practice of the Estonian courts, which has so far not been available to English- speaking legal scholars. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Baltic Yearbook of International Law Online Brill

Understanding and Effects of EU Directives

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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
eISSN
2211-5897
DOI
10.1163/22115897_02001_006
Publisher site
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Abstract

General principles of law, treaties, the EU Charter of Fundamental Rights, regulations, directives, framework decisions and other sources of EU law have their distinctive nature, which is reflected in their effects on legal relationships. This article focuses on the interrelationship between national and EU law, primarily focusing on the various impacts of directives and framework decisions. The Court of Justice of the European Union (CJEU) has clarified that directives may, in certain situations, have both a vertical direct effect and, in some limited cases, also a de facto incidental horizontal direct effect on a legal relationship. In addition, directives can have a decisive role in interpreting national law. These tools to deal with national and EU law inconsistencies are analysed in detail. The chapter aims to establish a comprehensive understanding of the topic and add the Estonian perspective by providing an insight into the practice of the Estonian courts, which has so far not been available to English- speaking legal scholars.

Journal

Baltic Yearbook of International Law Online – Brill

Published: Dec 19, 2022

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