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DIRECT HORIZONTAL EFFECT OF THE FREE MOVEMENT OF GOODS AND RESHAPING OF THE EUROPEAN ECONOMIC CONSTITUTION. BACK TO THE FUTURE?

Dominik Vuletić ; Faculty of Economics & Business University of Zagreb, Zagreb, Croatia

Puni tekst: engleski, pdf (204 KB) str. 53-70 preuzimanja: 463* citiraj
APA 6th Edition
Vuletić, D. (2014). DIRECT HORIZONTAL EFFECT OF THE FREE MOVEMENT OF GOODS AND RESHAPING OF THE EUROPEAN ECONOMIC CONSTITUTION. BACK TO THE FUTURE?. InterEULawEast, 1 (2), 53-70. Preuzeto s https://hrcak.srce.hr/134846
MLA 8th Edition
Vuletić, Dominik. "DIRECT HORIZONTAL EFFECT OF THE FREE MOVEMENT OF GOODS AND RESHAPING OF THE EUROPEAN ECONOMIC CONSTITUTION. BACK TO THE FUTURE?." InterEULawEast, vol. 1, br. 2, 2014, str. 53-70. https://hrcak.srce.hr/134846. Citirano 27.07.2021.
Chicago 17th Edition
Vuletić, Dominik. "DIRECT HORIZONTAL EFFECT OF THE FREE MOVEMENT OF GOODS AND RESHAPING OF THE EUROPEAN ECONOMIC CONSTITUTION. BACK TO THE FUTURE?." InterEULawEast 1, br. 2 (2014): 53-70. https://hrcak.srce.hr/134846
Harvard
Vuletić, D. (2014). 'DIRECT HORIZONTAL EFFECT OF THE FREE MOVEMENT OF GOODS AND RESHAPING OF THE EUROPEAN ECONOMIC CONSTITUTION. BACK TO THE FUTURE?', InterEULawEast, 1(2), str. 53-70. Preuzeto s: https://hrcak.srce.hr/134846 (Datum pristupa: 27.07.2021.)
Vancouver
Vuletić D. DIRECT HORIZONTAL EFFECT OF THE FREE MOVEMENT OF GOODS AND RESHAPING OF THE EUROPEAN ECONOMIC CONSTITUTION. BACK TO THE FUTURE?. InterEULawEast [Internet]. 2014 [pristupljeno 27.07.2021.];1(2):53-70. Dostupno na: https://hrcak.srce.hr/134846
IEEE
D. Vuletić, "DIRECT HORIZONTAL EFFECT OF THE FREE MOVEMENT OF GOODS AND RESHAPING OF THE EUROPEAN ECONOMIC CONSTITUTION. BACK TO THE FUTURE?", InterEULawEast, vol.1, br. 2, str. 53-70, 2014. [Online]. Dostupno na: https://hrcak.srce.hr/134846. [Citirano: 27.07.2021.]

Sažetak
The Court of Justice of EU has established very early in its history direct vertical effect of Treaty provisions on free movement of goods. However, direct horizontal effect of the same rules has never been recognized. This paper furthers a following thesis: hypothetical future recognition of direct horizontal effect of the Article 34 and 35 TFEU (prohibition of quantitative restrictions on imports and exports and all measures having equivalent effect) would reshape European Economic Constitution and provide basis for more ordoliberal reading of the Treaty. Viewing market freedoms as fundamental constitutional rights on which individuals can rely in private relations is logical consequence of such interpretation. This paper looks to the case law development, like the recent judgement in the Fra.bo case, to detect possible shifts from established jurisprudence in non recognizing horizontal direct effect of the free movement of goods rules.

Ključne riječi
direct horizontal effect; free movement of goods; European Economic Constitution; EU Internal Market Law; ordoliberalism; social market economy; judicial activism

Hrčak ID: 134846

URI
https://hrcak.srce.hr/134846

Posjeta: 668 *