ABSTRACT
Direct effect means that some provisions of EU law may give rise to rights which individuals (natural and legal persons) can enforce before national courts. These rights flow directly from EU law and are entirely independent of national law. Indeed, an individual can rely on directly effective provisions of EU law in the absence of, or against a national provision. 2. In order to produce direct effect, a provision of EU law must be clear, precise and unconditional and must confer rights on individuals. Thus, its application must not depend upon the adoption of further implementing measures, either at the national or the EU level (the direct effect test). 3. EU law makes a distinction between horizontal and vertical direct effect. Vertical direct effect refers to a situation where an individual is allowed to rely on a provision of EU law in national proceedings against a Member State or its emanations. Horizontal direct effect concerns a situation where an individual is allowed to invoke a provision of EU law in national proceedings
important since it considerably limits the scope and the effectiveness of EU law in the case of a provision which may produce only vertical direct effect. 4. Provisions of the Treaties and of regulations may be both horizontally and vertically directly effective. 5. Directives are more problematic. Subject to the direct effect test, provisions of directives can only produce vertical direct effect and only after the time limit for their implementation has expired. If the provisions of an EU directive are sufficiently precise and unconditional, although that directive is not implemented within the prescribed period, an individual may rely upon them once the prescribed time limit has elapsed.
