Criticizing the Horizontal Direct Effect of the EU General Principle of Equality

Abstract

This article discusses recent case law of the Court of Justice of the European Union (CJEU) on the horizontal direct effect of the general principle of equality at EU level. The CJEU, in Mangold, held that the general principle of equality is capable of horizontal direct effect. It was argued that equality as a fundamental human rights principle enjoys the status of a general principle of EU law after Mangold. The horizontal direct effect of the general principle of equality infers that equality as a fundamental human rights principle is further developed. In Kücükdeveci, the CJEU confirmed the horizontal direct effect of the general principle of non-discrimination on grounds of age. However, the CJEU, in Kücükdeveci, did not use the EU Charter of Fundamental Rights in order to underpin its arguments on horizontal direct effect of the general principle of equality Following the criticisms of the Advocates General in other cases, this article argues that the CJEU's approach on the horizontal direct effect of the general principle of equality presents significant defects. Many issues on the horizontal direct effect of the general principles of EU law remain obscure; the CJEU should clarify these issues in its future rulings.

Keywords: Age Discrimination, Direct Effect, Discrimination, EU Law, Equal Treatment, Fundamental Rights, Council Directive 2000/78/EC of 27 November 2000, Establishing a General Framework for Equal Treatment in Employment and Occupation, EU Charter of Fundamental Rights