DIRECT EFFECT

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FINLAND
VÄLITÖN VAIKUTUS [DIREKT EFFEKT]
DIRECT EFFECT

Certain provisions of the EC founding Treaty and EC Directives are capable of producing a direct legal effect which operates against a Member State to the advantage of individual citizens. EC Regulations are directly applicable. In order to be capable of having direct effect provisions must, however, be sufficiently clear, unconditional and precise. Directives cannot have direct effect in horizontal employment relationships. The starting-point in labour law is that it is primarily a Member State's own legislation which creates rights and obligations for the parties. Directives cannot generally impose obligations directly on individual citizens nor, therefore, on employees. On the other hand, Directives do have certain legal effects in working life just as they do elsewhere.


Please note: the European industrial relations glossaries were compiled between 1991 and 2003 and are not updated. For current material see the European industrial relations dictionary.