The European Law Institute (ELI) is an independent non-profit organisation established to initiat... more The European Law Institute (ELI) is an independent non-profit organisation established to initiate, conduct and facilitate research, make recommendations and provide practical guidance in the field of European legal development. Building on the wealth of diverse legal traditions, its mission is the quest for better law-making in Europe and the enhancement of European legal integration. By its endeavours, ELI seeks to contribute to the formation of a more vigorous European legal community, integrating the achievements of the various legal cultures, endorsing the value of comparative knowledge, and taking a genuinely pan-European perspective. As such, its work covers all branches of the law: substantive and procedural; private and public. ELI is committed to the principles of comprehensiveness and collaborative working, thus striving to bridge the oft-perceived gap between the different legal cultures, between public and private law, as well as between scholarship and practice. To further that commitment it seeks to involve a diverse range of personalities, reflecting the richness of the legal traditions, legal disciplines and vocational frameworks found throughout Europe. ELI is also open to the use of different methodological approaches and to canvassing insights and perspectives from as wide an audience as possible of those who share its vision.
it is now hardly a disputed matter that fundamental rights in the european union (hereinafter eu)... more it is now hardly a disputed matter that fundamental rights in the european union (hereinafter eu) may apply in proceedings between private parties (horizontal effect). So far, the Court of Justice of the European Union (hereinafter Court of Justice) has recognised such an effect with regard to the general principle of equality as it is expressed in different forms in various legal acts of the EU. Such is an example of the Chapter on ‘Equality’ of the Charter of Fundamental rights of the european union (hereinafter Charter)1 which prohibits discrimination on various grounds and imposes directives to implement it. It is however less explored what is a rationale for the application of fundamental rights in relationships between private parties? While some authors argue that it is the promotion of the social justice, according to this article, horizontal effect of fundamental rights of the Charter pursues the latter objective only partly. this thesis is supported by references to the ca...
Croatian Yearbook of European Law and Policy, Dec 18, 2014
The Charter of Fundamental Rights of the European Union (hereinafter: 'Charter') 1 is an act of p... more The Charter of Fundamental Rights of the European Union (hereinafter: 'Charter') 1 is an act of primary law of the EU. Whilst its Article 51(1) provides that individuals may invoke fundamental rights vis-à-vis the EU or its Member States, it is silent on the issue of whether fundamental rights can be invoked vis-à-vis other individuals. 2 This discrepancy can be partly clarified by looking into the case law of the Court of Justice. So far, the Court of Justice has recognised such a possibility with regard to the general principle of equality as it is expressed in different forms in the chapter on 'Equality' of the Charter and in the directives which implement it. The question this contribution aims to resolve is whether the case law of the Court of Justice opens up such a possibility for other provisions of the Charter as well. The Court of Justice has, however, rejected such a possibility as far as socioeconomic fundamental rights from the chapter on 'Solidarity' of the Charter are concerned, despite the fact that these provisions are made concrete by directives and the national legislation which implements them. I will argue that this position of the Court of Justice is not consistent with its existing case law on the horizontal effect of the Charter and undermines its full effectiveness.
Croatian Yearbook of European Law and Policy, Dec 30, 2014
The Charter of Fundamental Rights of the European Union (hereinafter: 'Charter') 1 is an act of p... more The Charter of Fundamental Rights of the European Union (hereinafter: 'Charter') 1 is an act of primary law of the EU. Whilst its Article 51(1) provides that individuals may invoke fundamental rights vis-à-vis the EU or its Member States, it is silent on the issue of whether fundamental rights can be invoked vis-à-vis other individuals. 2 This discrepancy can be partly clarified by looking into the case law of the Court of Justice. So far, the Court of Justice has recognised such a possibility with regard to the general principle of equality as it is expressed in different forms in the chapter on 'Equality' of the Charter and in the directives which implement it. The question this contribution aims to resolve is whether the case law of the Court of Justice opens up such a possibility for other provisions of the Charter as well. The Court of Justice has, however, rejected such a possibility as far as socioeconomic fundamental rights from the chapter on 'Solidarity' of the Charter are concerned, despite the fact that these provisions are made concrete by directives and the national legislation which implements them. I will argue that this position of the Court of Justice is not consistent with its existing case law on the horizontal effect of the Charter and undermines its full effectiveness.
The European Law Institute (ELI) is an independent non-profit organisation established to initiat... more The European Law Institute (ELI) is an independent non-profit organisation established to initiate, conduct and facilitate research, make recommendations and provide practical guidance in the field of European legal development. Building on the wealth of diverse legal traditions, its mission is the quest for better law-making in Europe and the enhancement of European legal integration. By its endeavours, ELI seeks to contribute to the formation of a more vigorous European legal community, integrating the achievements of the various legal cultures, endorsing the value of comparative knowledge, and taking a genuinely pan-European perspective. As such, its work covers all branches of the law: substantive and procedural; private and public. ELI is committed to the principles of comprehensiveness and collaborative working, thus striving to bridge the oft-perceived gap between the different legal cultures, between public and private law, as well as between scholarship and practice. To further that commitment it seeks to involve a diverse range of personalities, reflecting the richness of the legal traditions, legal disciplines and vocational frameworks found throughout Europe. ELI is also open to the use of different methodological approaches and to canvassing insights and perspectives from as wide an audience as possible of those who share its vision.
it is now hardly a disputed matter that fundamental rights in the european union (hereinafter eu)... more it is now hardly a disputed matter that fundamental rights in the european union (hereinafter eu) may apply in proceedings between private parties (horizontal effect). So far, the Court of Justice of the European Union (hereinafter Court of Justice) has recognised such an effect with regard to the general principle of equality as it is expressed in different forms in various legal acts of the EU. Such is an example of the Chapter on ‘Equality’ of the Charter of Fundamental rights of the european union (hereinafter Charter)1 which prohibits discrimination on various grounds and imposes directives to implement it. It is however less explored what is a rationale for the application of fundamental rights in relationships between private parties? While some authors argue that it is the promotion of the social justice, according to this article, horizontal effect of fundamental rights of the Charter pursues the latter objective only partly. this thesis is supported by references to the ca...
Croatian Yearbook of European Law and Policy, Dec 18, 2014
The Charter of Fundamental Rights of the European Union (hereinafter: 'Charter') 1 is an act of p... more The Charter of Fundamental Rights of the European Union (hereinafter: 'Charter') 1 is an act of primary law of the EU. Whilst its Article 51(1) provides that individuals may invoke fundamental rights vis-à-vis the EU or its Member States, it is silent on the issue of whether fundamental rights can be invoked vis-à-vis other individuals. 2 This discrepancy can be partly clarified by looking into the case law of the Court of Justice. So far, the Court of Justice has recognised such a possibility with regard to the general principle of equality as it is expressed in different forms in the chapter on 'Equality' of the Charter and in the directives which implement it. The question this contribution aims to resolve is whether the case law of the Court of Justice opens up such a possibility for other provisions of the Charter as well. The Court of Justice has, however, rejected such a possibility as far as socioeconomic fundamental rights from the chapter on 'Solidarity' of the Charter are concerned, despite the fact that these provisions are made concrete by directives and the national legislation which implements them. I will argue that this position of the Court of Justice is not consistent with its existing case law on the horizontal effect of the Charter and undermines its full effectiveness.
Croatian Yearbook of European Law and Policy, Dec 30, 2014
The Charter of Fundamental Rights of the European Union (hereinafter: 'Charter') 1 is an act of p... more The Charter of Fundamental Rights of the European Union (hereinafter: 'Charter') 1 is an act of primary law of the EU. Whilst its Article 51(1) provides that individuals may invoke fundamental rights vis-à-vis the EU or its Member States, it is silent on the issue of whether fundamental rights can be invoked vis-à-vis other individuals. 2 This discrepancy can be partly clarified by looking into the case law of the Court of Justice. So far, the Court of Justice has recognised such a possibility with regard to the general principle of equality as it is expressed in different forms in the chapter on 'Equality' of the Charter and in the directives which implement it. The question this contribution aims to resolve is whether the case law of the Court of Justice opens up such a possibility for other provisions of the Charter as well. The Court of Justice has, however, rejected such a possibility as far as socioeconomic fundamental rights from the chapter on 'Solidarity' of the Charter are concerned, despite the fact that these provisions are made concrete by directives and the national legislation which implements them. I will argue that this position of the Court of Justice is not consistent with its existing case law on the horizontal effect of the Charter and undermines its full effectiveness.
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