Horizontal effect of fundamental rights and freedoms – much ado about nothing? German, Polish and EU theories compared after Viking Line
AbstractAbstract: 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 InfoIf 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.
Bibliographic InfoPaper provided by Jean Monnet Chair in its series Jean Monnet Working Papers with number 11.
Date of creation: 05 Jan 2010
Date of revision:
Contact details of provider:
Web page: http://www.jeanmonnetprogram.org/
fundamental/human rights; free movement; European law; comparative law; direct effect;
This paper has been announced in the following NEP Reports:
- NEP-ALL-2010-09-11 (All new papers)
You can help add them by filling out this form.
reading list or among the top items on IDEAS.Access and download statisticsgeneral 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 references are entirely missing, you can add them using this form.