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

Frantziou, E.

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


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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.

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
Public URL https://durham-repository.worktribe.com/output/1294191

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Accepted Journal Article (658 Kb)
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Publisher Licence URL
http://creativecommons.org/licenses/by-nc-nd/4.0/

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.





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