Transposing Directives no longer so discretionary! The Court of Justice forces transposition of discretionary exclusion grounds and hints at ‘intra-State’ vertical direct effect (C‑66/22) — How to Crack a Nut – Go Health Pro

Transposing Directives no longer so discretionary! The Court of Justice forces transposition of discretionary exclusion grounds and hints at ‘intra-State’ vertical direct effect (C‑66/22) — How to Crack a Nut – Go Health Pro

** This comment was first published as an Op-Ed for EU Law Live on 8 December 2022 (see formatted version). I am reposting it here in case of broader interest. ** On the face of it, in Infraestruturas de Portugal and Futrifer Indústrias Ferroviárias (C-66/22), the Court of Justice had to assess whether Member States … Read more

Op-Ed: “The Effectiveness of Directives in Horizontal Conditions: the Constitution Unchained? (Okay.L. v. X)” by Fien Van Reempts – Cyber Information

Op-Ed: “The Effectiveness of Directives in Horizontal Conditions: the Constitution Unchained? (Okay.L. v. X)” by Fien Van Reempts – Cyber Information

Introduction On 20 February 2024, the Courtroom of Justice in Okay.L. v. X (C-715/20) held that Article 47 of the Constitution could also be invoked along with Directive 1999/70 in a dispute between non-public people with a purpose to disapply nationwide laws contravening that directive. Whereas the potential for counting on Constitution provisions together with … Read more

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