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

Frantziou, E. (2020) 'The Horizontal Effect of the Charter: Towards an Understanding of Horizontality as a Structural Constitutional Principle?', Cambridge yearbook of European legal studies., 22 . pp. 208-232.


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.

Item Type:Article
Keywords:Charter, fundamental rights, horizontal effect, direct effect, consistent interpretation, state liability, Drittwirkung
Full text:(AM) Accepted Manuscript
Available under License - Creative Commons Attribution Non-commercial No Derivatives.
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Publisher statement:This article has been published in a revised form in Cambridge yearbook of European legal studies 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.
Date accepted:08 July 2020
Date deposited:21 August 2020
Date of first online publication:06 November 2020
Date first made open access:21 August 2020

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