The Horizontal Effect of the Charter: Towards an Understanding of Horizontality as a Structural Constitutional Principle?

Frantziou, E.

doi:10.1017/cel.2020.7

The Horizontal Effect of the Charter: Towards an Understanding of Horizontality as a Structural Constitutional Principle?

Frantziou, E.

Authors

Dr Eleni Frantziou eleni.frantziou@durham.ac.uk
Associate Professor

Abstract

This article analyses the main debates over the application of the Charter to disputes between private parties and assesses the ways in which the case law over the last ten years has responded to them. The article goes on to propose an alternative schema, whereby horizontality can be understood as a structural principle of EU fundamental rights adjudication on its own terms, rather than as an extension of the direct effect doctrine. It is argued that a self-standing principle of horizontality with equally valuable – yet operationally distinct – direct, indirect, and state-mediated manifestations, could respond more coherently to the conceptual, procedural, and remedial challenges displayed in the case law.

Citation

Frantziou, E. (2020). The Horizontal Effect of the Charter: Towards an Understanding of Horizontality as a Structural Constitutional Principle?. The Cambridge yearbook of European legal studies, 22, 208-232. https://doi.org/10.1017/cel.2020.7

Journal Article Type	Article
Acceptance Date	Jul 8, 2020
Online Publication Date	Nov 6, 2020
Publication Date	2020
Deposit Date	Aug 20, 2020
Publicly Available Date	Aug 21, 2020
Journal	The Cambridge yearbook of European legal studies.
Print ISSN	2049-7636
Electronic ISSN	2049-7636
Publisher	Cambridge University Press
Peer Reviewed	Peer Reviewed
Volume	22
Pages	208-232
DOI	https://doi.org/10.1017/cel.2020.7
Keywords	Charter, fundamental rights, horizontal effect, direct effect, consistent interpretation, state liability, Drittwirkung

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Copyright Statement
This article has been published in a revised form in Cambridge yearbook of European legal studies https://doi.org/10.1017/cel.2020.7. This version is published under a Creative Commons CC-BY-NC-ND. No commercial re-distribution or re-use allowed. Derivative works cannot be distributed. © Centre for European Legal Studies, Faculty of Law, University of Cambridge.