Acceso usuarios
Albertina Albors Llorens
The judgment of the Court of Justice in Portgás v Ministério da Agricultura, do Mar, do Ambiente e do Ordenamento do Território can be read as adding a new twist to the drawn-out saga on the direct effect of unimplemented directives in EU law. It essentially concludes that a defaulting State can enforce a non-implemented directive against one of its own emanations. Thus, it can be construed as endorsing a new type of direct effect that might be classified as "intermediate" horizontal direct effect. However, the Court reached that conclusion using a rationale based on the duty to ensure the effective implementation of directives that binds the Member States and without explicitly recognising the existence of a new direct effect dimension. This comment evaluates the potential repercussions of the judgment.
