The Horizontal Effect of the Charter of Fundamental Rights of the EU: Rediscovering the Reasons for Horizontality

23 Pages Posted: 29 Sep 2015

Date Written: September 2015

Abstract

This article analyses the horizontal effect of the Charter of Fundamental Rights of the European Union. Horizontal effect has been an integral part of the Union's application of fundamental rights, especially in the field of equality. However, the codification of fundamental rights in the Charter raises important questions as to how horizontal effect will continue to apply in the EU, particularly in the aftermath of the Court's reticent rulings in cases such as Dominguez and Association de M├ędiation Sociale. This article argues that the emphasis on prior approaches to horizontal effect in recent rulings fails to address the profound constitutional issues that the horizontal effect of a fundamental rights catalogue raises, which concern the role of private responsibility within the developing constitutional order of the European Union. It therefore calls for a more systematically theorised approach towards the horizontal application of fundamental rights under the Charter framework.

Suggested Citation

Frantziou, Eleni, The Horizontal Effect of the Charter of Fundamental Rights of the EU: Rediscovering the Reasons for Horizontality (September 2015). European Law Journal, Vol. 21, Issue 5, pp. 657-679, 2015. Available at SSRN: https://ssrn.com/abstract=2666766 or http://dx.doi.org/10.1111/eulj.12137

Eleni Frantziou (Contact Author)

University of Westminster ( email )

309 Regent Street
London, W1R 8AL
United Kingdom

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