Izvorni znanstveni članak
Horizontal Effect and the Charter
Saša Sever
Sažetak
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 socio-economic 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.
Ključne riječi
Hrčak ID:
131639
URI
Datum izdavanja:
17.12.2014.
Posjeta: 1.974 *