EU Law - Direct Effect

Direct effect allows rights under EU law to be enforced within a domestic court system.
Vertical direct effect allows rights to be enforced against an emanation of the state while horizontal direct effect allows rights to be enforced against other individuals or against companies.
Direct effect is also conditional on the type of EU law that is being enforced. Treaties are a form of primary legislation and have vertical and horizontal direct effect so long as the relevant treaty article matches the conditions set out in Van Gend en Loos (1963):
Clear and unconditional
Prohibition
Not dependent on member state implementation
Regulations are directly applicable and as such also have vertical and horizontal direct effect.
Directives, in principle, only have vertical direct effect because they are an obligation for member states to implement them. Even then they can only be enforced when they grant rights to individuals (Defrenne v SABENA (No. 2) (1979)) and the time limit for implementation has passed (Pubblico Ministero v Ratti (1979)).
However there is a way that directives can have horizontal direct effect and this is known as indirect effect. This works because the courts themselves can be considered as emanations of the state and so in their judgments have to enforce EU law between individuals. This concept first arose in Von Colson v Land Nordrhein-Westfalen (1984) and was applied in the UK through Lister v Forth Dry Dock [1989].
An emanation of the state was defined in Foster v British Gas plc [1990] as a body that:
Provides a public service
Under the control of the state
Has special powers beyond those of individuals

[@Schuhglue]

Hi mate, I just wanted to give some serious kudos for taking the time making these videos. Super helpful, sussinctly explained and just well put together. Thanks

[@marcuscleaver]

+Darrick Garz Thanks Darrick, really appreciate you taking the time to comment.

[@ryankelly8441]

You are amazing. I had a 14 week EU Law class and these videos condensed almost all of it into a few hours. Direct effect was a concept that was more difficult to grasp, and you made it simple! I did well on my exam due in part to this video series. Thanks again!!

[@dudi246]

Got my EU exam coming up thank god I found this channel! I am going crazy ahah

[@marcuscleaver]

Good luck with the exam!!!

[@CD-ky4rl]

So er done your exam

[@goldcab4867]

Did you pass it? mine is tommorow wish you the best :)

[@msteladiaable]

You are a legend Marcus! well done, and thank you for taking your time to simplify the topics which come across complex!

[@marcuscleaver]

+Nur You are welcome! Thanks for the nice comment!!

[@oskarkwiatkowski6886]

Thank you very much for your effor put into all these EU law videos. Despite the fact I'm not from UK they were incredibly helpful when it comes to EU law exam! WELL DONE MARCUS!

[@shoaibnur5401]

Amazing video as always, Marcus! Please do a Charter of Fundamental rights next, since its a regular question and it will be really helpful. Thankyou so much for uploading!

[@malwinajane461]

Thank you!!! Lifesaver! I feel so confident about my examination for EU LAW! Hoping for a good mark, with your helpful lectures I will definitely do well.

[@tracyannmartin-kingdomquee6172]

Dude, you are a life saver. Thank you SO much!

[@chauntellewildman1486]

You are actually saving my life right now! You don't know how much you have helped me!

[@marcuscleaver]

Thank you!!!

[@maireadbreen2117]

I have been reading about this all night and I didn’t understand a word. Two minutes into this video and I’ve learnt more than I have all night! Thank you!!

[@jherbertfiu30]

thanks for the videos - you are a big help in distilling all the material into what is relevant.

[@CuriousContent1]

thanks again marcus, im currently rushing my HR assignment in the next few days and this has helped a lot.

[@jasminjiinx]

Thank you for this video! I was struggling to understand this topic for my upcoming exam and you made it so simple and straightforward! Cheers mate x

[@poppy2764]

Thank you, thank you, thank you for this!! So helpful and clearly explained!

[@jafarjeni1513]

Thank you for taking the time and making this video not sure if you are still active but thansk

[@leaghcassidy4707]

watched this before an EU law exam… you explained it to a point it actually made sense now 💗

[@eferreiraa]

Thank you Marcus for simplifing this topic

[@caitlinsmith6581]

Hi just wanted to comment to say thank you!! Your videos are an absolute life saver when it comes to understanding EU for my exams. Thank you!

[@marcuscleaver]

I'm so glad they're helpful. Best of luck in your exams!

[@lightfurythedragon9662]

So glad to have found this channel! It has helped me so much :)

[@marcuscleaver]

Thanks Nicola (:

[@ninaschimmel6911]

You just cleared up indirect effect for me in 30 seconds! Thank you!!

[@itisitanvi6306]

Hey there Marcus
I just want to say a big thank you to you for your videos as they have helped me so much to pass my EU class.Not only are your videos easy to understand but you make so much effort to explain everything so well.You are a saviour.

[@marcuscleaver]

Thanks for the lovely comment :)

[@puwayichiutsi2585]

six hours in the library and all I had to do was watch a 9-minute video to understand Direct effect. Thanks man, you saving careers !!

[@nellyzng]

I came to thank you again for my 71 in EU law! This is the second time you help me getting firsts!! Thank you sir! 🌺

[@SCLONAN10538]

Thanks for this, didn't know about the Von Colson and Foster cases, just what I need

[@pdf7552]

You don't know how helpful you are. I hope you get everything you wish for. You're amazing

[@anobeauty2432]

I just had a one hour lecture and did not understand anything ! And then came here to Marcus’ video and understood the topic in under 10mins! Thank you so much Marcus, you saved me from 1st year of uni !

[@marcuscleaver]

So glad it was helpful!!

[@shibanisurat5932]

THANK YOU SO MUCH! This information was so much clearer than my textbook !

[@yasminechouiakh2319]

This video helped me so much! I have an exam tomorrow and you saved me! Please do more videos about EU law!

[@marcuscleaver]

Good luck in the exam!

[@ggeorge1605]

I have an exam in a few hours on this and until now I have had no clue what this entire topic is about, even after hours watching and reading through the lecture & lecture notes, thank you so much :)

[@jumokeconteh2496]

This video was so helpful, nice and easy to understand. Thank you so much!

[@mahadd1212]

Straight to the point, clear and understandable. You make EU law easier. Thanks for the work. Amazing.

[@marcuscleaver]

+Aunt Babe Thanks for taking the time to comment! :)

[@aaliyahcadette1002]

Thank you very much it was very helpful as expected

[@bol.2875]

Thanks for the video Marcus! You made the material interesting and easy to understand.

[@marcuscleaver]

Thank you! Very much appreciated! :)

[@shairazahin3085]

I have an exam tomorrow and thank you very much for making this video. You are a gem and you will be in my prayers. A genuine thank you from a Brunel University student ❤️

[@marcuscleaver]

All the best of luck in the world for tomorrow!! xoxoxo

[@aliaksandrabondarava3740]

Thank you very much for this video! Very helpful!

[@ayoubkhalaf6881]

Thank you so much it's really helpful easy to understand

[@edwinschorsij2811]

thanks, amazing content and clear elaborations/explanations :)

[@kerryjoseph2683]

nice and straightforward, thanks, this helped me out a great deal.

[@007venturecapital]

Thank you very much!

[@victorhamoir7462]

very good explanation ! your teaching abilities are to exploit. You are actually better at this than my university teacher is ...

[@kareenbohan4124]

So helpful! Much better than my EU lecturer!

[@nishat1998]

Thank you!!! have my EU exam in two days and this explained the difference between direct and indirect effect perfectly!

[@razwanaarshad4378]

My exam in 2 weeks

[@razwanaarshad4378]

Good luck with your exam

[@nishat1998]

@@razwanaarshad4378 Thank you, the exam wasn't that bad if that puts your mind at ease, good luck to you too

[@beverlyevans1938]

really helpful!
i have a better understanding now, thank you

[@reehanacharya6229]

Great video well put together

[@maxbastian8235]

more than just helpful - pls carry on just this way

[@gracenessa348]

This was so helpful, thank you so much

[@viselagaina]

Video super clear thank you for your help, keep it up.

[@tauruslove88]

Thanks so much for uploading!

[@marcuscleaver]

+Kimmy G No worries! :)

[@darceydiaries42]

Exams next week. My tutor skimmed over vertical and horizontal in the PP so this is giving me the much needed explanation

[@marcuscleaver]

Good luck in the exam!

[@dominikapatrylak3794]

Amazing videos! :D

[@ElmerFudge]

These videos are great. The Boy Genius strikes again !

[@aytanhuseynli1272]

Thank you so much it was so useful!!

[@amylou1262]

EU law exam on Tuesday and starting to panic, this is helping me to make sure i'm grasping the key principles, thanks :)

[@marcuscleaver]

Good luck in the exam!! :D

[@amylou1262]

thanks i think i did well :)

[@renidification]

very clear, precise and subjective to understand. thanks

[@kirstykelly6743]

How have I only just came across you? Makes more sense now, thanks.

[@lauraclark9342]

Thank you SO much

[@rach6088]

God bless you for this!!

[@albetix]

Thank you so much!

[@ben.p.c9560]

We are all very grateful to you kind sir.

[@ilovecookies998]

you're so helpful! honestly if i could pay you the 9k instead of to my uni, i definitely would. Thank you!!!!!

[@tomi9190]

literally the most helpful video

[@lorraineodriscoll5265]

This was very helpful

[@thekidda98]

thank you very much, very helpful.

[@saradjogic6618]

Thank you! This was very helpful. :)

[@klauskrampus4344]

Great video! Trully!

[@Agoroko-xc4zm]

Very helpful thanks a lot 🎉

[@katerynapustovit8665]

Thank you!

[@alishasaywallahi3304]

THANK YOU

[@ThisDJ808]

Nicely explained

[@derinsider3438]

Many thanks

[@117giraffe-doc]

this is so great

[@zizi610]

wow thankyou so so so muchhhh xx

[@nikeotitoju4006]

Fantastic

[@Trolligarch]

Marcus is a life saver.

[@sunningdalehome3359]

Amazing video! Especially with the university strikes and the whole coronavirus situation, teaching at my law school has been very low quality with final year exams coming up in a week so this video was a life saver! Thank you so much!

[@jayab2136]

Hi Marcus, great video mate really helped me out you have! Just one question, how do you determine if a body has special powers? Could like powers delegated from the government count? And just so you know I’m dealing with a driving school! Thanks!

[@victoriap6727]

definitely the best explanation i have ever seen about the subject! thank you for the good work

[@kristinakonnova1099]

Thanks!!!

[@marcuscleaver]

you're welcome!

[@adaobiieonyewuchi6908]

Your a genius!!! wow your video makes EU look sooo easy.

[@alexandrosavraamides7872]

ikr. i have exams in 14 hours and these videos might actually save me!

[@UFO4000]

you are amazing x x x

[@marcuscleaver]

Thanks Stef xoxo

[@veshnanaidooappadoo8004]

awesome :* this really helps me in my revision

[@marcuscleaver]

Thanks for taking the time to comment, best of luck with the revision!! :D

[@veshnanaidooappadoo8004]

thank you so much. can we have videos on the role played by the CJEU in reviewing the legality of the acts of the Union institutions?

[@marcuscleaver]

Veshna Naidoo Appadoo there is already one for that under EU judicial review (arts 263 & 265) ;)

[@veshnanaidooappadoo8004]

oh okay. thanks :D

[@kisalgoonerathne3816]

really helpful

[@Natalie-tb7xj]

Thank you so much mate, you’ve saved my EU lessons… I do wish that you could have been my instructor on this topic 😂😂 you are much much better than her…

[@maddiedibenedetto9062]

Just a quick question - how do you determine from the facts whether a court of jurisdiction is mandatory or permissive? Thanks, your videos are so helpful!

[@hilmiderus7083]

you are innocently and adorably good.

[@ProDemocracy01]

Thanks

[@adamahmed1135]

In your opinion, what do you think are the benefits and limitations of direct effect ? Also very helpful video

[@jjk_vanlife8895]

Excellent video, you might've just rescued the chances of getting my degree lol

[@sinahausler7979]

Hey, thank you so much for the explanation. I just got one question because I didnt follow the fact of indirect horizontal effect which goes through the court. Could you please tell me more about it? Thanks so much!

[@abigailsenior]

thank you so muchh

[@kaiali2571]

Mate: Legend...

[@moeothman1987]

Thanks for sharing this video! I’ve a question about horizontal direct effect under (directives)- what are the exceptions that allow an individual to another individual relying on an EU directive?

[@danielh2644]

Moe Othman yes please explain this! Thanks so much

[@marcuscleaver]

Honestly the exceptions to Marshall v Southampton Health Authority are so few and far between they are hardly worth mentioning but if you're interested this article begins to explain the exceptions: www.keepcalmtalklaw.co.uk/foster-care-rethinking-horizontal-direct-effect-for-directives/

[@futuristicPastgirl]

Love you marcus xxx

[@Emmaforo]

HEY I really understood this lecture but please can you do a lecture on institution particularly explaining checks and balances. thankyou

[@mxrishak5569]

I have a problem question that I have been struggling with. It is with regards to the usefulness of indirect effect as a legal doctrine in the enforcement of directives? Thank you

[@leo-cw1iy]

YOU SAVED MY LIFE

[@aibibikalibekova9848]

Thanks a lot for this video, very helpful and interesting as usual!
I wanted to ask you about horizontal direct effect
If we are dealing with a directive which is not implemented (implementation date has passed), the directive doesn't really impose obligations on individuals, but gives rights to them under state liability concept so they can actually bring an action against a member state
Here I thought about indirect effect..it really depends on the willingness of the court to interpret domestic law in a manner, complied with a directive and it highly depends on the wording of domestic law
I was wondering how far can they go in interpretation of domestic law.. if, let's say, the directive requires some provisions to be in place but they are not
Would it be more convenient to consider state liability if a chance of enjoyment of indirect effect is quite low?

[@marcuscleaver]

+Aibibi Kalibekova You should certainly look at Francovich and state liability in this context but an important factor is that this can take a long time to achieve and may only result in damages.

[@bornsavage9742]

Thanks for the video just wanted to know would a university count as a public body still researching and have'nt found a clear answer

[@camilaheleno331]

Hi there, thanks for your video really well explained, but I have a question;
in case of horizontal direct effect, if I also have a domestic legislation which covers the situation, can I still use the EU legislation to the same issue? or should I use the domestic legislation?
thanks

[@marcuscleaver]

As long as it does the same thing you would just use domestic law.

[@camilaheleno331]

thanks Marcus, appreciate your help

[@camilaheleno331]

?

[@ishanisuchak2989]

Hi Marcus,
I have recently struggled with this topic and it is what has come up for the exams, what is the approach if a member state passes a bill under which EU law would no longer have direct effect in the MS's legal system unless the MSParliament expressly provides for such direct effect on a case-by-case basis?
I am very confused. Please help :'(