The principle of indirect effect as a means of individuals' judicial protection under EU law

Abstract

This thesis deals with the doctrine of indirect effect. The objective is to show how it has contributed to the enhancement of individuals' judicial protection. The first chapter starts with a definition of judicial protection then goes on to analyze one of the forms of judicial protection developed by the European Court of Justice - direct effect. It is seen that the doctrine of direct effect left a gap in the judicial protection of individuals' Community rights since the Court held that direct effect does not apply in horizontal situations (individual versus individual); thus, the formation of the doctrine of indirect effect. What follows is an analysis of what indirect effect entails, its legal basis and its limits. In the second chapter the problems which the doctrine of indirect effect brings about are analyzed. One of the problems is that the (indirect) application of Community law is ultimately 'at the mercy' of national courts. Thus, chapter two also examines the development and application of the doctrine of indirect effect in the UK courts, and seeks to predict the possible reaction of Maltese courts to the doctrine. The third and final chapter proposes possible alternatives to indirect effect, such as the application of state liability for breaches of Community law, or the acknowledgement, on the part of the European Court of Justice, of the horizontal direct effect of directives.