Employee Rights Resulting from the European Union Directives and Their Enforceability in the Private Sector

Abstract

The paper summarizes the case law of the Court of Justice of the European Union, which has led to exceptions to the principle prohibiting the direct horizontal effect of directives in the field of employment law. In its case law, the Court of Justice of the European Union acknowledges the possibility for employees to claim rights arising from the European Union directives in cases of incorrect implementation, even against private employers. This approach by the Court of Justice of the European Union is permitted only in limited circumstances, where it is determined that insufficient transposition of the directive simultaneously results in a violation of a right arising from the European Union Charter of Fundamental Rights. For private employers, this approach means considerable legal uncertainty, and the Court of Justice of the European Union’s tendencies are often criticised in the literature. In our paper, we analyse the Court of Justice of the European Union’s key case law in this area from the famous Mangold case from 2005 to the most recent 2024 judgment in K. L., with a view to highlighting possible future developments and practical implications.

Keywords

• labour law
• european union law
• european union directives
• employer
• employee
• direct horizontal effect
• the european union charter of fundamental rights
• discrimination
• holiday
• working time
• the czech republic