EU Law: Regulations, Directives, and the Charter

A method of reviewing national laws in relation to EU law without directly challenging the national law itself.

Article 51 of the Charter of Fundamental Rights of the European Union limits the application of the Charter to EU institutions and Member States, not individuals.

Directives are not able to impose duties on individuals. They are only applicable to Member States, which must implement them into national law.

Although the Charter aims to protect individual rights, it also respects the powers of member states.

A treaty provision can apply directly to private parties, allowing individuals to exercise rights against other individuals or companies. This applies when a provision is clear, precise, unconditional, and directly applicable.

Regulations have immediate legal effect and apply directly in all Member States. Directives, on the other hand, require Member States to adopt domestic legislation to implement them.

The hierarchy of norms prioritizes primary legislation (treaties) over secondary legislation (directives), meaning that the Charter cannot be directly applied between individuals due to its status as secondary legislation.

In age discrimination cases, both the general principle of non-discrimination on grounds of age and Article 21 of the Charter can be applied, even in the absence of horizontal direct effect of the Framework Discrimination Directive.

The Court's approach of applying Directives through the Charter, even when they are not directly applicable, is seen as 'de facto' application.

Article 21 of the Charter is relevant in the context of non-discrimination on grounds of age, ensuring equal treatment for all ages.

Regulations are directly applicable and become law in all member states without the need for implementation. Directives, on the other hand, require member states to enact legislation based on the directive's content.

The Mangold case saw the Court rule that the Charter could be applied horizontally, even though the Directive in question could not.

Regulations have horizontal direct effect, meaning they can be applied by individuals against other individuals or entities. Directives, however, lack this direct effect.

The Charter can be invoked against an individual when a directive details rights also contained in the Charter. This allows for some horizontal application in specific circumstances.

Directives are not capable of having horizontal direct effect, meaning they cannot be applied by individuals against other individuals or entities.

Article 31(2) of the Charter protects workers by ensuring they have the right to maximum working periods, rest and paid holidays.

In both Max-Planck and Bauer cases, the Court ruled that the Charter could be fully applied, even if the Directive on which the cases were based could not be invoked horizontally.

The Working Time Directive, which sets limits for working hours, was significant because it established the framework for the application of the Charter in the Max-Planck and Bauer cases.