Third Party Effect of Fundamental Rights (Drittwirkung)
Hanse Law Review, Vol 5, No. 2, pp. 165-173, 2009
9 Pages Posted: 2 Oct 2009 Last revised: 28 Dec 2009
Date Written: October 1, 2009
Drittwirkung (third party effect) is a legal doctrine in German law used to apply public law provisions such as fundamental rights to private law relations such as contracts. The doctrine has a complex theory and equally complex interpretations. The article proposes that third party effect of fundamental rights is best understood functionally in terms of: who has a right, against whom, and how may the right be enforced. Much of the confusion related to the competing theories and interpretations of Drittwirkung whether before the European Court of Justice (ECJ) or the European Court of Human Rights (ECtHR) can be thereby avoided.
Keywords: Drittwirkung, Third Party Effect, Wirtschaftsverfassung, Economic Constitution, Direct Effect, Unmittelbare Anwendbarkeit, Indirect Effect, Mittelbare Anwendbarkeit, Color of Law, State Action, Horizontale Anwendbarkeit, Horizontal effect,, Mittelbare Drittwirkung, Indirect third party effect
JEL Classification: K10, K33
Suggested Citation: Suggested Citation