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.

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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.

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