Computing and Library Services - delivering an inspiring information environment

The Transposition and Efficacy of EU Rights. Indirect Effect and a Coming of Age of State Liability?

Marson, James and Ferris, Katy (2015) The Transposition and Efficacy of EU Rights. Indirect Effect and a Coming of Age of State Liability? Business Law Review, 36 (4). pp. 158-168. ISSN 0143-6295

[img] PDF - Accepted Version
Download (164kB)


Throughout the duration of the UK’s membership of the European Union (EU), non-implementation and incorrect transposition of Directives has been commonplace. Coupled with the Court of Justice of the European Union’s refusal to extend the direct effect of Directives to horizontal relationships, and historic difficulties in holding States liable in damages, it has often fallen to the national courts to give effect to EU laws through purposive statutory interpretation. Recent cases involving the collective redundancy of workers in the UK (currently awaiting a ruling from the Court of Justice through the preliminary reference procedure), and the High Court’s assessment of State Liability in the insurance sector, raise questions as to the efficacy of the current system of enforcement of EU law domestically. Despite the problems of access to EU rights experienced by workers in the UK, there appears to be hope that the judiciary is becoming more attuned to the relationship between EU and domestic laws, and are willing to take control of granting access to remedies without necessarily waiting for EU institutions to provide express permission or instruction. 2014 was a particularly important year in this regard. However, a systematic review of the UK’s transposition of EU law and the impact on individuals of the current suite of enforcement mechanisms is required if private enforcement of EU law is to provide the protection workers need and to which they are entitled.

Item Type: Article
Subjects: K Law > K Law (General)
Schools: Huddersfield Business School
Related URLs:
Depositing User: Cherry Edmunds
Date Deposited: 31 Mar 2015 13:28
Last Modified: 28 Aug 2021 18:16


Downloads per month over past year

Repository Staff Only: item control page

View Item View Item

University of Huddersfield, Queensgate, Huddersfield, HD1 3DH Copyright and Disclaimer All rights reserved ©