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Publishers Abstract:
The convoluted case law on the direct effect of directives has received a further twist from the recent decision of the Court of Justice in Mangold. In the court's handling of the issue whether provisions contained in directives may be directly relied upon by individuals in proceedings before national courts, there has long been a tension between two objectives. The distinction between 'vertical' and 'horizontal' direct effect has been the Court's traditional way of resolving that tension. In the light of the judgment in Mangold, the directives to which the rule applies are typically designed to provide a measure of protection for the weaker party to a private law relationship. Mangold has thus brought the tension that was referred to at the outset of this discussion nearer to the breaking-point.
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