The Horizontal Application of the General Principles of EU Law: Nothing Less than Direct Effect

Max Planck Institute for Comparative Public Law & International Law (MPIL) Research Paper No. 2020-38

in Katja Ziegler, Päivi Neuvonen, and Violeta Moreno-Lax (eds), Research Handbook on General Principles of EU Law (Edward Elgar Press, Forthcoming 2021).

25 Pages Posted: 28 Oct 2020 Last revised: 3 Nov 2020

Date Written: October 27, 2020

Abstract

This chapter discusses the Court of Justice case law on horizontal application of the general principles of EU law since the Mangold judgment. It argues that, whilst the disapplication of national law in contrast with an EU general principle initially seemed to be premised on primacy only, the horizontal direct effect rationale has progressively emerged. The chapter therefore reflects on the constitutional implications of this evolutionary process on the legal status of individuals in today’s Union and on the relationships between the general principles of EU law and other EU law sources.

Keywords: horizontal direct effect, primacy, disapplication, EU Charter of fundamental rights, EU directives, non-discrimination

Suggested Citation

Lazzerini, Nicole, The Horizontal Application of the General Principles of EU Law: Nothing Less than Direct Effect (October 27, 2020). Max Planck Institute for Comparative Public Law & International Law (MPIL) Research Paper No. 2020-38, in Katja Ziegler, Päivi Neuvonen, and Violeta Moreno-Lax (eds), Research Handbook on General Principles of EU Law (Edward Elgar Press, Forthcoming 2021)., Available at SSRN: https://ssrn.com/abstract=3720138 or http://dx.doi.org/10.2139/ssrn.3720138

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