<abstract xmlns="http://www.w3.org/1999/xhtml"><p>The Court of Justice of the EU (CJEU) has established that directives cannot produce horizontal direct effect and thus may only be invoked against the State or its emanations. In the recent <italic>Farrell 2</italic> judgement, the Court has clarified the concept of an ‘emanation of the State’ which is crucial for the purposes of applying vertical direct effect. The aim of this paper is to analyse the concept of an ‘emanation of the State’ presented in <italic>Farrell 2</italic> ruling. Further, the article highlights that the judgement is a positive development as it brings consistency to the EU case law and corresponds to the present realities when new ‘emanations’ are emerging with the special powers attributed by the State.</p></abstract>

The Court of Justice of the EU (CJEU) has established that directives cannot produce horizontal direct effect and thus may only be invoked against the State or its emanations. In the recent Farrell 2 judgement, the Court has clarified the concept of an ‘emanation of the State’ which is crucial for the purposes of applying vertical direct effect. The aim of this paper is to analyse the concept of an ‘emanation of the State’ presented in Farrell 2 ruling. Further, the article highlights that the judgement is a positive development as it brings consistency to the EU case law and corresponds to the present realities when new ‘emanations’ are emerging with the special powers attributed by the State.

Farrell II and the Concept of an ‘Emanation of the State’

International and Comparative Law Review

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

{"article-title":"Farrell II and the Concept of an \u2018Emanation of the State\u2019"}

The Court of Justice of the EU (CJEU) has established that directives cannot produce horizontal direct effect and thus may only be invoked against the State or...

Farrell II and the Concept of an ‘Emanation of the State’

Published Online: Sep 25, 2018

Page range: 241 - 248

DOI: https://doi.org/10.2478/iclr-2018-0035

Keywords
directives, European Union law, direct effect, emanation of the state

© 2018 Krystyna Romanivna Bakhtina, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

Farrell II and the Concept of an ‘Emanation of the State’

Published Online: Sep 25, 2018

Page range: 241 - 248

DOI: https://doi.org/10.2478/iclr-2018-0035

Keywordsdirectives, European Union law, direct effect, emanation of the state

© 2018 Krystyna Romanivna Bakhtina, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

Keywords
directives, European Union law, direct effect, emanation of the state