CJUE – judgment of 15.1.2014 (Grand Chamber), Association de médiation sociale, Case C-176/12 – «Social policy – Directive 2002/14/EC – Charter of Fundamental Rights of the European Union – Article 27 – Subjecting the setting up of bodies representing sta
Keywords:
Charter of Fundamental Rights of the UE, Directive, Direct Effect, Primacy, Art. 27 of the Charter, Interpretation of national law in conformity with European Union law, Liability of the Member StateAbstract
The Court of Justice, in this judgment, before the breach by a Member State of a directive, reiterates once again its refusal to recognize the horizontal direct effect of directives, but clarifies the notion that the provisions of the Charter of Fundamental Rights of the European Union, if they meet the necessary requirements to do so, can produce direct effect in horizontal relations. The Court does not take a position on the exception to the principle of the primacy, that means the implementation by the national judge of the national law contrary to a directive breached or poorly implemented by the Member State in the case of relations between individuals, and refers to the individual affected by the breach of the directive, to plead once more to claim liability to the State which breaches EU Law.Downloads
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