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