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The Horizontal Effect of the Charter of Fundamental Rights of the EU: Rediscovering the Reasons for Horizontality

Frantziou, E; (2015) The Horizontal Effect of the Charter of Fundamental Rights of the EU: Rediscovering the Reasons for Horizontality. European Law Journal , 21 (5) pp. 657-679. 10.1111/eulj.12137. Green open access

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Abstract

This article analyses the horizontal effect of the Charter of Fundamental Rights of the European Union. Horizontal effect has been an integral part of the Union’s application of fundamental rights, especially in the field of equality. However, the codification of fundamental rights in the Charter raises important questions as to how horizontal effect will continue to apply in the EU, particularly in the aftermath of the Court’s rulings in cases such as Dominguez and AMS. This article argues that the emphasis on prior approaches to horizontal effect in recent rulings fails to address the more profound issues that the horizontal effect of a fundamental rights catalogue raises. Meaningfully engaging with horizontality involves answering directional questions: what role does the Charter play in the Union’s constitutional framework and what can horizontality achieve in respect of EU rights protection? Overall, the article calls for a new approach in the Charter context, in which horizontality can be assessed against a sound theoretical framework, conscious of the role of rights in society rather than their positioning in different types of legislation.

Type: Article
Title: The Horizontal Effect of the Charter of Fundamental Rights of the EU: Rediscovering the Reasons for Horizontality
Open access status: An open access version is available from UCL Discovery
DOI: 10.1111/eulj.12137
Publisher version: http://dx.doi.org/10.1111/eulj.12137
Language: English
Additional information: This is the peer reviewed version of the following article: Frantziou, E; (2015) The Horizontal Effect of the Charter of Fundamental Rights of the EU: Rediscovering the Reasons for Horizontality. European Law Journal , 21 (5) pp. 657-679., which has been published in final form at http://dx.doi.org/10.1111/eulj.12137. This article may be used for non-commercial purposes in accordance with Wiley Terms and Conditions for Self-Archiving (http://olabout.wiley.com/WileyCDA/Section/id-820227.html#terms).
UCL classification: UCL
UCL > Provost and Vice Provost Offices > UCL SLASH
UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Laws
URI: https://discovery.ucl.ac.uk/id/eprint/1464507
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