Indirect effect of EU law

Produced in partnership with Laura Bolado of Andes Legal Consulting Ltd
Practice notes

Indirect effect of EU law

Produced in partnership with Laura Bolado of Andes Legal Consulting Ltd

Practice notes
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What is indirect effect of EU law?

The doctrine of indirect effect, or consistent interpretation, is a duty that national courts have, as part of the Member State responsible for fulfilment of EU obligations, to interpret national law in light of EU law, especially with Directives. It achieves indirectly, via judicial interpretation of national law, the result obtainable through direct effect of Directives where that principle cannot be applied. The principle was developed by the Court of Justice in Von Colson and its scope was widened in Marleasing.

It is also a means to counteract, at least partially, the negative effects of the non-recognition of horizontal direct effect of Directives. For background reading, see Practice Note: Direct effect of EU law.

The Von Colson case was a referral for a preliminary ruling on the interpretation of Directive 76/207/EEC on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions. The national litigation concerned alleged discrimination suffered

Laura Bolado
Laura Bolado

EU Law Specialist, Andes Legal Consulting Ltd


Laura has worked in EU law for nearly two decades that is, to date, her main area of expertise. In 2002 she worked for the European Commission (Brussels) and relocated to London in 2003 to work for the European Medicines Agency. There she gained first-hand experience on the functioning of the EU which she later applied in legal roles at pharmaceutical companies and law firms before turning to a more generalist approach to EU law at UUÂãÁÄÖ±²¥. At UUÂãÁÄÖ±²¥ she helped develop and maintain EU Tracker (writing on the implementation of EU Directives in different EU jurisdictions, etc.) and assisted various departments with EU law matters in her EU Law Specialist capacity. Laura also delivered EU law training to several interns and legal professionals. Laura left UUÂãÁÄÖ±²¥ in late 2013 to explore her options in different environments. In 2014 Laura lectured EU law at universities in Argentina, spoke at international conferences and continued with her contributions to national legal publications (Rubinzal and Abeledo Perrot/Thomson Reuters) in EU and Integration law. Laura became an author for PSL Public Law in October 2014. Since returning to London in 2015 she runs her own business which includes regular contributions to PSL Environment, Energy and Public Law. From 2017 until 2020 Laura authored the Europe chapter of UUÂãÁÄÖ±²¥ Civil Court Practice (Green Book). Since 2019 Laura also contributes to Reg-Track writing on financial services, data protection, money laundering, environmental and social governance, etc. in several jurisdictions worldwide.

Education

Laura is a dual-qualified lawyer (Argentina and Spain) with two LLMs in European Law and in Information Technology Law awarded by the Universidad Complutense of Madrid, Spain.

Laura is a data protection professional certified by the International Association of Privacy Professionals (IAPP CIPP/E) also holds an International Compliance Association certificate in Anti-Money Laundering. 

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Jurisdiction(s):
European Union

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