LORENZO CECCHETTI, Something new under the Sun: The direct effect of directives plus Article 47 Charter in horizontal situations in the K.L. judgment

Abstract (ENG)

This blog post examines the judgment of the Court of Justice of the European Union in Case C-715/20, K.L., which further extends and complicates the already articulated panorama of exceptions to the prohibition of horizontal direct effect of directives. In particular, the Grand Chamber extended the so-called “Mangold scheme” to situations where there is no “immediate” and “essential” correspondence between the right protected by the directive and the fundamental right in connection with which it is invoked. Without denying the benefits in terms of the effectiveness of the rights conferred on workers by the Union legal order, it is argued that none of the five brief arguments put forward in support of such an extension appear to be tenable.


Lascia un commento

BLOGDUE | Il blog dell'AISDUE - Associazione Italiana Studiosi di Diritto dell'Unione Europea

This website uses cookies to improve your experience. We'll assume you're ok with this, but you can opt-out if you wish. Accept Read More

Privacy & Cookies Policy