The compliance with the principle of the direct effect of the European Directives, by reference to the domestic law

DREPT ADMINISTRATIV

Abstract

In all cases where the provisions of a directive appear, in terms of content, unconditional and sufficiently precise, individuals are entitled to invoke them against the State, including in its capacity as employer, in particular when it has refrained from transposition in due course of that directive in the domestic law or when it has incorrectly transposed the directive. Furthermore, if a provision has direct effect, it is binding on all authorities of the Member States, i.e. not only on domestic courts but also on all administrative bodies, including decentralized authorities such as cities or towns, and these authorities are required to implement that provision. In fact, even in Marshall case whose provisions were invoked by the person dismissed, the Court of Justice of the European Union stated (para. 49) that whenever a person can prevail of a directive against the state, it may do so irrespective of the capacity of the state, i.e. as an employer or public authority.