The power of the right to an effective remedy to horizontalize directives Comment on Case C-715/20,X (Absence de motif de résiliation),20 February 2024

Abstract

This note provides insight into the innovative use of the right to an effective remedy in the case X (Absence de motif de résiliation), which enables the horizontal application of the equal treatment provision contained in Directive 1999/70 on fixed-term work. After recalling the weaknesses of the protection of precarious workers under Directive 1999/70, especially when the Directive has not been correctly implemented by a Member State, and is thus deprived of horizontal direct effect, it focuses on the power of the right to an effective remedy, illustrated by the decision, and suggests that this decision can be the catalyst for a significant extension of the horizontal effect of Directives.