Advanced Search
MyIDEAS: Login

Horizontal effect of fundamental rights and freedoms – much ado about nothing? German, Polish and EU theories compared after Viking Line

Contents:

Author Info

  • Dr. Joanna Krzeminska-Vamvaka
Registered author(s):

    Abstract

    Abstract: The paper examines the theory of horizontal effect of fundamental rights and freedoms, known also as Drittwirkung . It introduces relevant doctrines in Germany and Poland in order to then focus on the EU theory shaped in the case law of the European Court of Justice, most notably in the landmark Viking Line judgment. Highly formalized German approach is confronted with more flexible attitudes developed by the ECJ and in Poland. The paper demonstrates the exceptionality of horizontal effect and its links with the principle of effectiveness which lies at the core of the modern systems of human rights protection. It also argues that the distinction between direct and indirect effect can be blurred, may depend on the available causes of action and consequently should not be overrated.

    Download Info

    If you experience problems downloading a file, check if you have the proper application to view it first. In case of further problems read the IDEAS help page. Note that these files are not on the IDEAS site. Please be patient as the files may be large.
    File URL: http://centers.law.nyu.edu/jeanmonnet/papers/09/091101.html
    File Function: Contents/abstract
    Download Restriction: no

    File URL: http://centers.law.nyu.edu/jeanmonnet/papers/091101.pdf
    File Function: Part of text
    Download Restriction: no

    Bibliographic Info

    Paper provided by Jean Monnet Chair in its series Jean Monnet Working Papers with number 11.

    as in new window
    Length:
    Date of creation: 05 Jan 2010
    Date of revision:
    Handle: RePEc:erp:jeanmo:p0194

    Contact details of provider:
    Web page: http://www.jeanmonnetprogram.org/

    Related research

    Keywords: fundamental/human rights; free movement; European law; comparative law; direct effect;

    This paper has been announced in the following NEP Reports:

    References

    No references listed on IDEAS
    You can help add them by filling out this form.

    Citations

    Lists

    This item is not listed on Wikipedia, on a reading list or among the top items on IDEAS.

    Statistics

    Access and download statistics

    Corrections

    When requesting a correction, please mention this item's handle: RePEc:erp:jeanmo:p0194. See general information about how to correct material in RePEc.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Charlie Pike).

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If references are entirely missing, you can add them using this form.

    If the full references list an item that is present in RePEc, but the system did not link to it, you can help with this form.

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your profile, as there may be some citations waiting for confirmation.

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.