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.
|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.
Download PDF (643Kb)
|Publisher Web site:||https://doi.org/10.1017/cel.2020.7|
|Publisher 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.|
|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|
Save or Share this output
|Look up in GoogleScholar|