In a recent article in the International Journal of Comparative Labour Law and Industrial Relations, Michal Bobek (Judge of the Supreme Administrative Court of the Czech Republic, and former Advocate General at the Court of Justice of the European Union) looks into all the recent cases on horizontal direct effect of directives.
It is one of the thornier issues in EU law that has been questioned time-and-again. But here, ex-AG Bobek states that the CJEU should explicitly overrule the statements that it made in the 1980’s Marshall case.
The author is no by-stander, having delivered several Opinions at a member of the CJEU in matters where such issues have arisen. He concludes that the Court should declare that directives, after the lapse of their transposition period, are to have horizontal direct effective.
You can access his article at the following link: https://lnkd.in/ett-9SGC
Graham Butler