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HORIZONTAL DIRECT EFFECT OF THE CHARTER OF ...


International Journal of Comparative Labour Law and Industrial ...

View Which Labour Rights Are Fundamental Rights? Horizontal Direct Effect of the Charter of Fundamental Rights of the EU by - International Journal of ...

Between ECHR and Horizontal Effect: the Egenberger Case-Law

Further, the judgment is interesting for its findings about the direct horizontal effects of the Charter, sufficient in itself, with ...

The CJEU's Ruling in AMS and the Horizontal Effect of the Charter

In its judgment in AMS (15 January 2014), the Grand Chamber of the Court of Justice of the European Union ruled on whether the Charter of ...

Criticizing the horizontal direct effect of the EU general principle of ...

Abstract. This article discusses recent case law of the Court of Justice of the European Union (CJEU) on the horizontal direct effect of the general principle ...

The horizontal effect of the european union's charter of fundamental ...

Union, Volume I: A Comparative Overview, Cambridge University Press, 2010, p. 34. 3. ARTHUR HARTKAMP, The Effect of the EC Treaty in Private Law: On Direct and ...

Criticising the horizontal direct effect of the EU general principle of ...

It could be asserted that, if the general principles of EU law have horizontal direct effect, the Charter encompassing fundamental human rights as general ...

The horizontal direct effect of the EU charter of fundamental rights

The development of EC protection of fundamental rights until the proclamation of the European chartee pf fundamental rights (EUCFR). EUCFR and ...

The Horizontal Effect of the Charter: Towards an Understanding of ...

It is argued that a self-standing principle of horizontality with equally valuable – yet operationally distinct – direct, indirect, and state-mediated ...

the free movement of capital - Tribuna Juridica

CJEU established the concept of full direct effect in Defrenne v Sabena,6 i.e. both vertical and horizontal direct effect of certain EU law provisions. In ...

Understanding and Effects of EU Directives in - Brill

... vertical direct effect and, in some limited cases, also a de facto incidental horizontal direct effect on a legal relationship. In addition ...

The Horizontal Effects of Charter Rights Given Expression to in EU ...

As noted above, and as reconfirmed by the Court in these very same cases, directives do not produce horizontal direct effect. In the rulings under scrutiny, the ...

A Critique of Mashall v. Southampton Area Health Authority

To- gether, these parts develop the thesis that the direct effect doctrine should apply to directives to the same extent that it applies to cer- tain provisions ...

The Horizontal Effect of the EU Charter of Fundamental Rights

In the case law, horizontality is primarily associated with the exercise of horizontal direct effect. It is characterised by a series of technical rules as ...

the limits on the duty to disapply national legislation contrary to EU law

However powerful, the doctrine of primacy cannot trump another key principle of EU legal order, the one of the absence of horizontal direct effect of directives ...

The Horizontal Effect of the Charter: Towards an Understanding of ...

It is argued that a self-standing principle of horizontality with equally valuable—yet operationally distinct—direct, indirect, and state-mediated ...

Op-Ed: “Another Episode on Horizontal Direct Effect of Directives, Or ...

Gabel Industria Tessile once more exemplifies the Court of Justice's continued efforts to confine the prohibition of horizontal direct effect of directives to ...

Why the EU Charter Matters - Verfassungsblog

In that line of cases the Court managed to circumvent the limitations of the no horizontal direct effect-doctrine by applying an identical ...

e-Booklet on the Use of the Charter of Fundamental Rights of the EU

Can the Charter allow to disapply a conflicting national provisions (direct effect)? ... the Charter can have horizontal direct effect, the question is still open ...

HORIZONTAL EFFECT AND THE CHARTER

Arthur Hartkamp, 'The Effect of the EC Treaty in Private Law: On Direct and Indirect. Horizontal Effects of Primary Community Law' (2010) 3 European Review of ...

Rights, Duties and the End of Marshall - Wiley Online Library

*. This article contends that the basis of the distinction between vertical and horizontal direct effect as drawn by the Court in the context of directives has ...