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

Dr. Joanna Krzeminska-Vamvaka

No 11, Jean Monnet Working Papers from Jean Monnet Chair

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.

Keywords: fundamental/human rights; free movement; European law; comparative law; direct effect (search for similar items in EconPapers)
Date: 2010-01-05
References: Add references at CitEc
Citations:

Downloads: (external link)
http://centers.law.nyu.edu/jeanmonnet/papers/09/091101.html Contents/abstract (text/html)
Our link check indicates that this URL is bad, the error code is: 500 Can't connect to centers.law.nyu.edu:80 (No such host is known. )
http://centers.law.nyu.edu/jeanmonnet/papers/091101.pdf Part of text (text/html)
Our link check indicates that this URL is bad, the error code is: 500 Can't connect to centers.law.nyu.edu:80 (No such host is known. )

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:erp:jeanmo:p0194

Access Statistics for this paper

More papers in Jean Monnet Working Papers from Jean Monnet Chair
Bibliographic data for series maintained by Charlie Pike ().