Vnitrostátní účinky směrnic EU
Effects of EU Directives in EU Member States

Summary/Abstract: The article deals with several issues concerning effects of EU directives in the legal order of EU Member States. Firstly, the article provides classification of various effects of EU directives in the Member States. In this respect three categories of effects are distinguished. Effects of EU directives before the expiration of transposition deadline, effects of EU directives when the transposition deadline expires in vain and effects of EU directives after their proper transposition. Secondly, the article analyses some recent questionable developments especially in the area of direct effect of improperly transposed directives. In this respect controversial implication of Mangold and Kücükdeveci cases are scrutinized. Also, in this respect the Delena Wells limits of invocability of EU directives in triangular situations are questioned. Thirdly, the article deals with topical issue, whether constant push of EC J on enhancement of “effet utile” of the EU directives is still compatible with the principle of legal certainty. It is submitted in this respect that EC J should review its present expansionary and to certain degree incoherent and ambiguous approach to the effects of EU directives. EC J should adopt less expansionary, more coherent and clearer approach to these effects. Concerning future developments of these effects EC J should find better balance between effet utile principle and principle of legal certainty.

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