Home >
Law >
Human Rights >
Horizontal Effect of Fundamental Rights in the European Union

Horizontal Effect of Fundamental Rights in the European Union

Author: Eleni Frantziou
Publisher: Oxford University Press
ISBN: 9780198837152
Published In: February 2019
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: RM859.95

RM834.15 Save RM25.80 (3%)

Download Order Form

Add to Wishlist
| Add to Compare

Description
Contents

Details

This book analyses the horizontal effect of fundamental rights in the European Union, from a constitutional perspective. It advances two main arguments: First, it argues that the horizontal effect of fundamental rights (i.e. their application to disputes between private parties) cannot be usefully discussed based on the existing EU horizontality doctrine, which associates horizontality with the exercise of horizontal direct effect only.

That doctrine is characterised by a series of overly technical rules as to how the latter may be produced and has a case-specific nature that lacks overall constitutional coherence.

Secondly, the book argues that a substantive theory of horizontality is required in EU law and sketches its main parameters. In the fundamental rights context, horizontal effect has organisational implications for society, which go beyond specific intersubjective disputes. It is argued that its determination requires an explicit recognition of the public character of certain private platforms of will formation (e.g. the workplace) and a discussion of the role of fundamental rights therein.

At the same time, a constitutionally adequate model of horizontality involves an acknowledgment of the supranational character of EU adjudication: the determination of horizontal applicability of a fundamental right within a type of private authority relationship falls upon the Court of Justice, but the precise manifestation of horizontal effect (e.g. direct, indirect or state-mediated effect) rests with national courts.

Acknowledgements

Table of Contents

Introduction

PART I - The Constitutional Foundations of Horizontality

1: The Horizontal Effect of Fundamental Rights as a Constitutional Problem

2: The Constitutional Operation of Horizontality

PART II - The Horizontal Effect of Fundamental Rights in EU Law

3: From Defrenne to the Charter: Understanding the EU Horizontality Heritage

4: Horizontal Effect after the Entry into Force of the EU Charter of Fundamental Rights

5: Horizontal Effect and the Hybrid Constitutional Structure of EU Law

PART III - A Theory of Horizontality for Fundamental Rights in the EU

6: Rediscovering Supranational Constitutional Reasoning in the Interpretation of Horizontality