SZÉTHÚZÁS AZ ÖSSZETARTÁSBAN: AZ EURÓPAI UNIÓ BÍRÓSÁGÁNAK MUNKAVÁLLALÓKAT MEGKÜLÖNBÖZTETŐ JOGGYAKORLATA

Abstract

In the field of employment law, the most common EU legal source is the directive. In most cases this legal source has binding force only for the Member States. The obligation of the Member State is to implement the EU directives into the national law. After the implementation procedure the claimant can refer to the national legal source instead of the original EU directive. However, there are some cases when the claimant can refer to and argue with the content of the original EU directive directly in front of the national courts and other national authorities. The aforementioned opportunity is the direct effect of the directives. The claimant can take advantage of this opportunity when the Member State violates the obligation of implementation. This study contains cases about the vertical direct effect of directives in the field of employment law.