The Direct Effect Of EU Directives: Fresh Controversy Or a Storm in a Teacup? Comment On Portgás

• Autores: Albertina Albors Llorens
• Localización: European law review, ISSN 0307-5400, Nº 6, 2014, págs. 851-863
• Idioma: inglés
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• Resumen

  • The judgment of the Court of Justice in Portgás v Ministério da Agricultura, do Mar, do Ambiente e do Ordenamento do Território 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.